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First MSA Reauthorization Hearing Acknowledged Successes, Identified Needed Changes

August 2, 2017 — SEAFOOD NEWS — At the first of a series of hearings on the Magnuson-Stevens Act held yesterday at the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, senators from both sides of the aisle voiced support for the regional management council system, NOAA Fisheries, and the science that supports fisheries management, despite the deep cuts proposed in the President’s budget.

“With regard to the budget, I think some of these cuts may not survive the [reauthorization] process,” said Chairman Dan Sullivan (R-AK). “I think we’re going to be adding a lot back to the projects that we think are vital.”

Sullivan was responding in part to a series of questions from Sen. Richard Blumenthal (D-CT) to Chris Oliver, Assistant Administrator for NOAA Fisheries, about the current administration’s proposed budget for the agency.

“My question concerns the budget submitted by the president of the United States. The budget slashes funding for programs like Sea Grant and the Milford Lab at the University of Connecticut [Northeast Fisheries Science Center],” Blumenthal said.

“These federal research efforts to help grow and expand certain aspects of aquaculture are very promising. As a representative of this administration, how can you justify these cuts to the agency that you are responsible for administering? Are you going to commit to me that you’re going to [find funding] for Sea Grant and the Milford Lab?”

Oliver responded, “Senator, I don’t know that I’m in a position to comment very extensively on the President’s budget. I do know that they’ve placed a revised emphasis on the Department of Defense and national security.”

Blumenthal: “I’m on the Armed Services Committee sir, and I very much support that emphasis … but this kind of slashing and trashing of programs that are essential to the kinds of programs you administer, that are vital to our economic future in aquaculture I consider a mockery of the mission of your agency. And if you’re not in a position to justify it, who would be?”

Oliver: “All I can say sir is we’re going to do our best to operate within the budget that we have, and I know that a lot of the programs that were slated to be cut involve cooperative agreements or past grants of funding through the Sea Grant program, for example, and grants to the coastal states. We’re going to do our best to make that up internally…”

Blumenthal: “Are you going to commit to me that you can make up those cuts to the Sea Grant program and the Milford Lab and the University of Connecticut that are essential to those programs?”

Oliver: “I can’t commit that we’re specifically going to be able to make those up from our baseline budget. I think that we’re facing some tough decisions too. I’ve said on many occasions that I feel that this agency may be in a position to refocus on some of its very core mission – science mission…”

Blumenthal: “You’d agree with me that those are valid and important programs?”

Oliver: “Of course sir, I really do.”

Blumenthal: “If you agree these programs are valid, then your agency has a responsibility to fight for them and to make sure they are fully funded.”

The exchange was toward the end of an otherwise non-confrontational hearing on the “long overdue” reauthorization of the MSA with Oliver and Dr. John Quinn, Chair of the New England Fisheries Management Council. Both men lauded the successes brought about by the original 1976 law and the amendments to it, most recently in 2007.

“As a group, we are strong believers in the Magnuson-Stevens Act – and not just because it established the Councils,” said Quinn, who spoke on behalf of the Council Coordination Committee (CCC), which is made up of the chairs, vice chairs, and executive directors of the eight Regional Fishery Management Councils.

“The outcome of our management success is clear: commercial, recreational, and subsistence fisheries are key contributors to our coastal communities and the nation’s economy. In large measure, this is because the Act structured a very successful approach to sustainable fisheries management. Central to the Act are the 10 National Standards that guide our management process.”

“Under the standards set in the Magnuson-Stevens Act the nation has made great strides in maintaining more stocks at biologically sustainable levels, ending overfishing, rebuilding overfished stocks, building a sustainable future for our fishing-dependent communities, and providing more domestic options for U.S. seafood consumers in a market dominated by imports,” echoed Oliver.

Both agreed, however, that changes should be made. Oliver noted in particular ways in which overall production could be increased, particularly in areas where catch limits have not been updated to changes in stock sizes.

“For example, while our West Coast groundfish fisheries have rebuilt several important stocks, in recent years fishermen are leaving a substantial amount of the available harvest of some groundfish species in the water, due to regulatory or bycatch species constraints. We must find ways to maximize allowable harvests that are still protective of non-target species in all of our fisheries,” explained Oliver.

Stakeholders in the West Coast groundfish fishery were enthusiastic about Oliver’s references to the plight of those working in the non-whiting trawl catch shares program. The program has realized far less than full utilization of the resource, with less than one-third of the available fish being harvested annually.

“We applaud Chris Oliver’s recent testimony to the Senate on the state of the West Coast IFQ non-whiting trawl fishery,” Pacific Seafood’s Mike Okoniewski said.

“Members of industry have been testifying for years that while the conservation benefits of the program have passed all expectations, but the economics are performing at abysmal levels,” Okoniewski said.

Oliver’s testimony drilled to the heart of the matter: if you cannot get the fish out of the water you cannot realize the economic benefits outlined in the program’s goals and objectives. Targets such as increasing economic benefits, providing full utilization of the trawl sector allocation, increasing operational flexibility and providing measurable economic and employment benefits throughout the processing and distribution chain have not been met for the non-whiting sector.

“Chris Oliver’s testimony is a huge step forward to reverse the present trajectory we are on. Again we thank him and look forward his leadership of NMFS. His focus on balance and economic output, as well as conservation and sustainability, is long overdue,” Okoniewski said.

“Much like Pacific groundfish (to quote AA Oliver), New England groundfish fishermen ‘are leaving a substantial amount of the available harvest of some groundfish species in the water, due to regulatory or bycatch species constraints’”, noted Maggie Raymond, Executive Director of Associated Fisheries of Maine.

Both Quinn and Oliver referenced a need for “flexibility”, Raymond observed.

“Quinn’s testimony is specific to a need for flexibility in rebuilding timelines.  But flexibility in rebuilding timelines is not necessarily the fix, at least not for New England,” she added.

“As long as an otherwise healthy mixed stock fishery remains constrained by a weak stock in the complex, the problem of leaving available harvest in the water cannot be addressed.  We look forward to working with AA Oliver to ‘find ways to maximize allowable harvests that are still protective of non-target species.’

“Let’s start with windowpane flounder. A species with no economic value that puts a significant burden on the NE groundfish and scallop fisheries,” said Raymond.

Oliver acknowledged his testimony from last year on no need for further flexibility on MSA. But, he said, “I’m in a new role now and as I look at the issue more broadly, I’d heard from constituents across the country, listened to the dialog about issues with the Act, and I’ve come to believe that there is a possibility that additional flexibilities should be considered, accountability measures that are used to enforced annual catch limits (ACLs), particularly in fisheries where we don’t have the robust and accurate accounting.

“Many of our recreational fisheries are of a nature that don’t lend themselves well to those monitoring methods.

“The administration has not taken positions on these specific issues,” Oliver said. “But in my personal view, in fisheries that don’t have robust systems of accountability, in particular the recreational fisheries that have different goals, there’s room for flexibility.”

Quinn agreed. “We’re here to reauthorize [the MSA], not repeal it. Data availability and stock assessment, particularly in the recreational side, I think we’ve got a lot of work to do. Data needs are really important. ACLs and AMs work for the commercial, not necessarily for the recreational fisheries.”

Senator Cory Booker (D-NJ) called the nation’s bycatch quantity “unacceptable” and asked Quinn for an assessment on catch shares.

“In some parts of the country, catch shares have worked,” Quinn responded. “In my part of the country, it hasn’t worked as well. But the CCC’s position is to keep catch shares as a part of our management tool box.”

Sullivan brought up the issue of electronic monitoring as a less expensive alternative to onboard observers and asked, “What can we do to help the councils use EM more efficiently?”

“Like catch shares, the authority for EM is in the Act now,” said Quinn, “but individual regions may have specific fisheries that may or may not use EM. There are a lot of pilot programs using EM now. Decisions should be made region by region.”

“I want to compliment you both on your emphasis on data and science,” Sullivan said in closing comments. “We’re going to back you up on that.”

The next hearing will be August 23, 2017 in Kenai, Alaska.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

John Quinn Calls for More Flexibility for Councils Under Magnuson-Stevens Act

August 2, 2017 — WASHINGTON — The chairman of the New England Fishery Management Council is appealing to the U.S. Senate to allow for more flexibility under the Magnuson-Stevens Act.

The act serves as the governing standard for fisheries across the country.

Dr. John Quinn says annual catch limits (ACLs) and accountability measures (AMs) like at-sea monitors, while maintaining the integrity of fish stocks, can be of great harm to small fishing companies. “Councils need to be able to consider a wide variety of management tools without burdensome requirements,” said Quinn. “ACLs and AMs may not be the best tools for managing all fisheries.”

Quinn says he’d like to see regional fisheries granted to power to authorize alternative control mechanism or utilize ecosystem-based fishery managament tactics.

Read the full storm at WBSM

Senate Subcommittee Holds First Hearing to Guide Magnuson-Stevens Reauthorization

August 2, 2017 — The Magnuson-Stevens Act, the primary law regulating fisheries in federal waters, is in need of reauthorization, and Senate Commerce’s Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard on Tuesday held the first in a series of hearings to guide that process. And, unsurprisingly, the issue of climate change made waves.

Chris Oliver, assistant administrator of NOAA’s National Marine Fisheries Service, and John Quinn, chairman of the New England Fishery Management Council, pushed for a variety of changes, ranging from management of mixed stocks to more flexibility in how the Council Coordination Committee can monitor and collect data. But it was Sen. Richard Blumenthal who made the strongest case for change by criticizing the current system for failing New England’s fishing fleet and leaving the region’s fishermen “angry and frustrated beyond words.”

Because of climate change, Blumenthal said, fish that New England fishermen have traditionally sought were pushed north and fish from southern waters moved into New England. But catch limits for certain fish haven’t been adjusted to meet the reality facing New England fishermen, forcing them to return quota-exceeding fish to the ocean. Billions of dollars in profits are being lost, Blumenthal said, while fishermen from southern states come to New England waters to catch their migrating fish. “There is something profoundly unfair and intolerable about the situation,” he added. “In my view, it violates the present law.”

Quinn responded by pointing out that parts of the New England fishing industry are booming but agreed that groundfish fishermen are struggling. While the CCC’s process is to collect as much data as needed to produce accurate stock assessments, Quinn said they didn’t have “a simple solution for rising water temperatures or the ocean acidification,” which are the roots of the shifting fish populations.

Read the full story at Politico

NEFMC Chairman Testifies Tuesday in D.C.

August 1, 2017 — NEW BEDFORD, Mass. — John Quinn will appear in front of the U.S. Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard as a representative of the nation’s fisheries on Tuesday at 10 a.m. in Washington D.C.

The Director of Public Interest Law Program at UMass Law School in Dartmouth is also the chairman of the New England Fishery Management Council and the national chair of the Council Coordinating Committee.

The hearing is the first in a series to examine the nation’s fishery laws and the reauthorization of the Magnuson-Stevens Act, which is discussed about every decade. The second is scheduled for Aug. 23 in Alaska.

Read the full story at the New Bedford Standard-Times

U.S. Senate Takes Up Fisheries Reform

Rep. Frank Pallone and Sen. Bob Menendez make the rounds in Atlantic Highlands talking with recreational fishermen, while back in DC their fellow congressmen are tackling fisheries reform.

July 31, 2017 — U.S. Senator Dan Sullivan (R-AK), chairman of the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, will convene a hearing on the reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) starting at 10 a.m. on Tuesday, August 1.

This hearing is the first in a series of Senate hearings to examine the state of our nation’s fishery laws and guide the reauthorization of our federal fisheries law. Witnesses slated to testify include Dr. John Quinn, chairman of the New England Fishery Management Council Chairman, and Christopher Oliver, newly appointed Assistant Administrator for the National Marine Fisheries Service (NMFS).

In early July, the recreational fishing and boating community praised the Senate introduction of the Modern Fish Act by Senators Roger Wicker (R-MS), Bill Nelson (D-FL), Roy Blunt (R-MO), Brian Schatz (D-HI), John Kennedy (R-LA) and Joe Manchin (D-WV). Supported by the American Sportfishing Association, National Marine Manufacturers Association, Recreational Fishing Alliance, Coastal Conservation Association, Congressional Sportsmen’s Foundation, International Game Fish Association and other groups, the new bill in the U.S. Senate (S.1520) would improve public access to America’s federal waters, promote conservation of our natural marine resources and spur economic growth within the recreational fishing community.

Read the full story at The Fisherman

What’s next for Carlos Rafael?

July 31, 2017 — The “Codfather” quashed any hopes for high courtroom drama when he pleaded guilty in March to falsifying fish quotas, false labeling of fish species, conspiracy and tax evasion, 28 counts in all.

The real action is behind the scenes, as federal and defense attorneys wrestle over the fate of New Bedford fishing mogul Carlos Rafael’s fishing empire, said to be one of the largest groundfish fleets in the nation.

It’s something Cape fishermen, and fishermen all over New England, are debating and watching closely.

“I’ve said before, there is no place in fishing for Mr. Rafael. If that’s part of the global solution (the larger deal being worked out between NOAA and Rafael’s attorneys) every fisherman I’ve spoken to up and down the coast feels that’s a good outcome,” said John Pappalardo, chief executive officer of the Cape Cod Commercial Fishermen’s Alliance and a member and former chairman of the New England Fishery Management Council. Many fishermen want the courts and the National Oceanic and Atmospheric Administration to make an example of Rafael and send a message that illegal fishing practices won’t be tolerated.

They are also interested in what happens to the money collected in fines and forfeitures and the fate of the many fishery permits and quota controlled by Rafael.

Read the full story at the Cape Cod Times

NEFMC Chair Dr. John Quinn to Testify on MSA Reauthorization

July 26, 2017 — The following was released by the New England Fishery Management Council:

New England Fishery Management Council Chairman Dr. John Quinn is scheduled to testify before the U.S. Senate Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard on Tuesday, Aug. 1 at a 10 a.m. hearing on reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The subcommittee is under the wing of the U.S. Senate Committee on Commerce, Science & Transportation. Dr. Quinn, who is Director of Public interest Law Programs at the University of Massachusetts School of Law, will be speaking on behalf of the Council Coordination Committee (CCC). The CCC is comprised of the leadership teams of all eight of the nation’s regional fishery management councils.

“I’m honored to be testifying before the Senate subcommittee on behalf of my fellow Council chairmen, vice chairs, and executive directors,” said Dr. Quinn. “We discussed Magnuson-Stevens Act reauthorization extensively at our mid-May CCC meeting in Gloucester, Massachusetts, and I look forward to presenting our position during the hearing.”

The MSA is the primary law governing marine fisheries management in U.S. federal waters. It was first passed in 1976 as the Fishery Conservation and Management Act, extending U.S. jurisdiction out to 200 nautical miles and establishing the regional fishery management council system. The act underwent two major reauthorizations – the first in 1996 through the Sustainable Fisheries Act and the second in 2007, resulting in the current Magnuson-Stevens Act.

Sen. Dan Sullivan (R-AK) chairs the 17-member subcommittee that scheduled this Aug. 1 hearing. Chris Oliver, the newly appointed assistant administrator for NOAA Fisheries, also will be testifying. Live video with opening statements, witness testimony, and questioning will be available at the Senate link below. The hearing will focus on “NOAA and Council Perspectives” related to MSA reauthorization issues.

The subcommittee has scheduled a second hearing for Aug. 23 in Soldotna, AK. This hearing will focus on the MSA’s “fisheries management successes and challenges.”

  • Documents related to the Aug. 1 and Aug. 23 hearings, as they become available, will be posted at: https://www.commerce.senate.gov/public/index.cfm/oceansatmospherefisheriesandcoastguard
  • Information about the MSA, including the act’s history and past reauthorizations, is available at: http://www.nmfs.noaa.gov/sfa/laws_policies/msa/index.html

CONNECTICUT: Expert’s talk at LaGrua Thursday to focus on benefits of local sea-to-table options

July 24, 2017 — STONINGTON, Ct. — Meghan Lapp, an expert on the commercial fishing industry and its regulations, will give a talk entitled “Sea to Table: Bringing the Bounty of the Sea to You” on Thursday at 7 p.m. at the LaGrua Center at 32 Water St.

The Stonington Economic Development Commission is sponsoring the presentation, which will focus on how local harvesters provide fresh seafood, navigate fishery regulations and science, and what species are fresh, local and available. Admission is free.

Lapp, of Narragansett, is a fisheries liaison for Seafreeze Ltd., a producer and trader of sea-frozen fish in North Kingstown. She is on the Habitat Advisory Panel and the Herring Advisory Panel for the New England Fishery Management Council, the Ecosystems and Oceans Planning Advisory Panel for the Mid-Atlantic Fishery Management Council and the Menhaden Advisory Panel for the Atlantic States Marine Fisheries Commission.

She holds a master’s degree in legal science from Queen’s University in Belfast.

Growing up in Long Island, Lapp had familial ties in the fishing industry and worked in a fish market alongside commercial fisherman during summers in college.

Read the full story at the Westerly Sun

Fishery research steering committee meeting today

July 19, 2017 — The New England Fishery Management Council Research Steering Committee is scheduled to discuss completed research on the commercial redfish fishery at its meeting today.

Also on the agenda is presentation on creating a vision for the future of stock assessment using technologies in development and review of completed research projects on the topics of recreational discard mortality, and fishing gear conservation engineering.

Committee members also planned to discuss on how recently set priorities may be accomplished and potential improvements to the priority setting process; hear an update on recent Northeast Cooperative Research Program activities; and discuss the recent programmatic review and development of recommendations for how the program may help address Council research priorities and other improvements.

Read the full story at the Gloucester Times

NOAA Officials May Be Deleting Their G-Chats

July 6, 2017 — The National Oceanic and Atmospheric Administration (NOAA) might illegally be destroying records of a recent meeting discussing new regulations against the fishing industry, according to a conservative legal group in Washington, D.C.

Cause of Action Institute (CoA) filed a lawsuit Wednesday against the NOAA to obtain communications during a New England Fishery Management Council meeting hashing out new rules foisted upon the country’s fishing industry. The group believes the agency is deleting Skype and Google Chat conversations that took place during the April meeting.

The NOAA General Counsel considers communications through Google Chat to be off the record and will not be recorded anyway, according to a 2012 handbook guide CoA obtained. CoA disputed the agency’s claim, and pointed to provisions within the National Archives and Records Administration (NARA).

The NARA, which maintains government records, states that any communications created on NOAA’s Gmail interface qualify under the Federal Records Act. CoA Institute requested e-mails, instant messaging, Google chat messages, text messages, and any Skype messages NOAA employees sent during the April 18–20, 2017 NEFMC meetings.

Read the full story at The Daily Caller

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