Saving Seafood

New England States Schedule Hearings on the Public Hearing Document for Draft Amendment 3 to the Atlantic Herring FMP

New England states of Maine through Massachusetts have scheduled their hearings to gather public comment on the Public Hearing Document for Draft Amendment 3 to the Interstate Fishery Management Plan for Atlantic Herring. The dates, times, and locations of the scheduled hearings follow.

Maine Department of Marine Resources

Wednesday, January 6th at 1 p.m.

Marquardt Building

Conference Room 118

32 Blossom Lane

Augusta, ME

Contact: Terry Stockwell at 207.624.6553

New Hampshire Department of Fish and Game

Tuesday, January 5th at 7 p.m.

Urban Forestry Center

45 Elwyn Road

Portsmouth, NH

Contact: Doug Grout at 603.868.1095

Massachusetts Division of Marine Fisheries

Tuesday, January 5th at 2 p.m.

Annisquam River Station

30 Emerson Avenue

Gloucester, MA

Contact: David Pierce at 617.626.1532 

Rhode Island Department of Environmental Management

Monday, January 4th from 6 – 9 PM

University of Rhode Island Bay Campus

Corless Auditorium

South Ferry Road

Narragansett, RI

Contact: John Lake at 401.423.1942

Draft Amendment 3 was initiated to propose management measures in Area 1A (inshore Gulf of Maine) which reflect changes in the stock structure, integrate recent data into management decisions, and respond to changes in the fishery. The Public Hearing Document proposes (1) alternatives to the spawning monitoring program (protocol, default start dates, area boundaries, and length of the closure period); (2) removing the fixed gear set‐aside rollover provision, and (3) requiring a vessel’s fish hold to be emptied before leaving on a fishing trip.

Today’s rebuilt herring population is comprised of a broader range of age classes with older and larger fish compared to the population during overfished conditions. Analysis of more than a decade’s worth of data suggests larger herring spawn first and the timing of the start of spawning varies from year-to-year. Proposed alternatives to the current spawning monitoring program address inter-annual differences and provide additional measures to more adequately protect spawning fish in the areas where they spawn.

At the request of the fishing industry, the Public Hearing Document includes an option to adjust the fixed gear set-aside rollover provision. Currently, the set-aside of 295 mt is available to fixed gear fishermen through November 1, after which the remaining set-aside becomes available to the rest of the Area 1A fishery. The November 1 date was set because, typically, herring have migrated out of the Gulf of Maine by that time. Anecdotal evidence suggests herring are in the Gulf of Maine after November 1, therefore, fixed gear fishermen requested the set-aside be made available to them for the remainder of the calendar year.

Members of industry also suggested a requirement for fish holds to be empty of fish prior to trip departures. This provision would allow for full accountability and encourage less wasteful fishing practices by creating an incentive to catch herring which meet market demands. The New England Fishery Management Council included a complementary provision in its Framework Adjustment 4 to the Federal Atlantic Herring FMP.

Fishermen and other interested groups are encouraged to provide input on the Public Hearing Document either by attending state public hearings or providing written comment. The document is available here and can also be accessed on the Commission website (www.asmfc.org) under Public Input. Public comment will be accepted until 5:00 PM (EST) on January 20, 2015 and should be forwarded to Ashton Harp, FMP Coordinator, 1050 N. Highland St., Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at aharp@asmfc.org (Subject line: Draft Amendment 3). For more information, please contact Ashton Harp, at aharp@asmfc.org or 703.842.0740.

States prepare to review new rules for herring fishery

ELLSWORTH, Maine — December 28, 2015 — The new year will soon be here, and with it comes a new round of significant changes to the rules governing the herring fishery.

Next week, the Department of Marine Resources will hold a public hearing on what is known as “Draft Amendment 3 to the Interstate Management Plan for Atlantic Herring.”

Hearings are also scheduled in New Hampshire, Massachusetts and Rhode Island.

The new rules proposed by the interstate Atlantic States Marine Fisheries Commission will bring big changes to the fishery that is the primary supplier of bait to Maine’s lobster industry. In 2014, the last year for which DMR has data, still preliminary figures show that fishermen landed just over 104 million pounds of herring, worth some $16.3 million, in Maine. Scientists from the Gulf of Maine Research Institute have determined that about 70 percent of that herring (some 70 million pounds) is used by Maine lobstermen as bait.

According to the ASMFC, the new rules would affect the inshore Gulf of Maine — called Area 1A — herring fishery to reflect changes in both the herring resource and the fishery itself. The key changes deal with the closure of the fishery during spawning season and would impose a requirement that herring boats completely empty their fish holds before starting each fishing trip.

Regulators generally consider the herring stock to be abundant, especially compared with just a few years ago when overfishing had seriously depleted the fish population.

The herring stock in Area 1A now includes more fish that are larger and older compared with the time when overfishing was a problem. The evidence suggests that the larger fish spawn earlier than smaller herring, and that the start of the spawning season varies from year to year.

Read the full story from the Mount Desert Islander

DAVID GOETHEL: Fishermen on the Hook to Pay for Their Own Regulators

December 28, 2015 — The following is a excerpt from an opinion piece published today in The Wall Street Journal. Mr. Goethel, a groundfish fisherman out of Hampton, N.H., writes that he is suing the National Oceanic and Atmospheric Administration “to stop it from sinking New England’s groundfish industry for good.” He is represented by Cause of Action, a government watchdog group based in Washington, D.C.

Mr. Goethel writes: “The courts are the industry’s last chance. This month, along with the Northeast Fishery Sector 13, I filed a federal lawsuit- Goethel v. Pritzker. Our claim: Neither NOAA nor its subsidiary, the National Marine Fisheries Service, has the authority to charge groundfishermen for at-sea monitors. Even if Congress had granted this authority, they would have had to follow the process called for in the Administrative Procedure Act and other statutes-which they haven’t.  A bipartisan group of senators, including Susan Collins (R., Maine) and Elizabeth Warren (D., Mass.), highlighted this troubling fact in April. Writing to the assistant administrator of NOAA Fisheries, they stated NOAA ‘has chosen an interpretation of the FY15 report language that is inconsistent with congressional intent, and consequently, that very high [at-sea monitoring] costs will soon unreasonably burden already struggling members of the fishing industry in the Northeast.'”

Few professions are as significant to New England’s economy and history as fishing. Yet the ranks of groundfish fishermen have dwindled so much that we’re now an endangered species. The causes are many-but the one now threatening us with extinction is the federal government. Along with one other plaintiff, I’m suing the National Oceanic and Atmospheric Administration to stop it from sinking New England’s groundfish industry for good.

Groundfish include cod, haddock and 11 other common bottom-dwelling species. After years of dwindling stocks, in 2012 the U.S. Department of Commerce issued a disaster declaration for groundfish territory off the coast of New England. Over the past four years my cod quota-my bread and butter-plummeted from 60,000 pounds to 3,700 this year. I caught my limit in four days in June.

Shifting ocean patterns have certainly contributed to our struggles, but regulators are a separate anchor altogether. Groundfish fishermen are organized into a patchwork of 15 sectors, i.e., government-designed cooperative organizations. We operate under at least seven overlapping federal and state entities and programs, all of which have their own regulatory nets.

As if warrantless searches from the Coast Guard, catch inspections upon returning to port, and satellite tracking weren’t enough, at-sea monitors also accompany us on roughly one in five randomly selected fishing trips. They are hired by three for-profit companies-one of which is led by the former NOAA official who designed the monitor program. They follow us around and take notes on everything we do. That includes measuring our nets, measuring fish we bring in and those we throw back, and recording our expenses down to how much we spent on lunch.

The program is unnecessary given the heavy regulation that exists. And last month NOAA informed us that, beginning on Jan. 1, groundfish fishermen must pay an estimated $710 a day when a monitor is present. That fee covers the monitors’ training, mileage to and from the fisherman’s boat, supervisor salaries, data processes and all other administrative costs. It also covers a set profit margin for the three companies providing the monitors. What those margins are, neither NOAA nor the companies have disclosed.

Read the full opinion piece at The Wall Street Journal

MASSACHUSETTS: Study eyes fish freed from hooks

December 24, 2015 — Researchers at the New England Aquarium, in conjunction with those from state agencies, are getting closer to releasing study results on the collateral impact of recreational haddock discards on the overall mortality rate of the species.

Dr. John Mandelman, director of research at the Boston-based aquarium, said the the field work for the study was completed in early November. He expects the New England Fishery Management Council, which helped fund the study, to complete vetting the analysis sometime early next spring.

The field work was performed with significant assistance from recreational fishing operators such as Gloucester-based Yankee Fleet and Seabrook, New Hampshire-based Eastman’s Docks Fishing Fleet.

“As with all studies, what we very much tried to do was to work as much as possible as part of a legitimate fishing effort, or what we call a fishery-dependent exercise” Mandelman said. “This was a really nice partnership.”

Mandelman said project researchers made about eight trips last spring aboard some of the Yankee Fleet’s larger party boats, focusing on observing how a full range of anglers — from novice to veteran — performed catch-and-release of haddock discards, while also charting catch gear, catch conditions, injuries to the fish, time out of water and sea temperatures.

Read the full story at the Gloucester Daily Times

NEW HAMPSHIRE: Fishing for new markets

December 23, 2015 — New England wouldn’t be the same without the sight of fishing boats easing in and out of its working waterfronts. There is no better homage to this rich seafaring heritage than the visitors and residents alike who clamor for the region’s cod sandwiches, crisp haddock, buckets of steaming fried clams and, of course, the iconic overstuffed lobster roll.

But now, the industry that for centuries shaped New England’s economic, culinary and cultural life, faces serious challenges. This is exemplified by the reality facing New Hampshire’s groundfishermen, who catch the species that dwell near the bottom of the ocean, like cod, haddock and hake.

Dwindling stocks, stricter regulations and an influx of inexpensive seafood from other countries have made making a living off these species difficult, and forcing these pillars of the fishing industry to find alternative routes to market to survive.

Read the full story from the New Hampshire Business Review

Costs for at-sea monitors will force many fishermen out of business.

December 18, 2015 — The following was released by the Center for Sustainable Fisheries:

The Center for Sustainable Fisheries fully supports the lawsuit filed in New Hampshire last week by Cause of Action. The Washington-based watchdog group, which focuses its attention on government overreach, is suing the federal government on behalf of our commercial fishermen in New England.

The case is crystal clear. It stems from the high cost for at-sea monitors and the insistence, by NOAA’s intransigent National Marine Fisheries Service, that fishermen must now foot the bill for monitors because the agency has run out of money. This is simply outrageous. The regional administrator for the National Marine Fisheries Service is former New Bedford mayor John Bullard.

Beginning January 1, fishermen who are required to bring monitors on groundfish trips will be billed an estimated $710 daily for their services, an expense previously borne by our government regulators. This mandate comes down at a time that the groundfishery in New England has been declared a disaster, with landings and revenue down and fewer boats fishing. To now burden struggling fishermen with what is undoubtedly a function of government is simply unjust. Furthermore, NOAA has conducted its own study on the costs of monitoring and concluded that upwards of 60 percent of active groundfish vessels would be rendered unprofitable if forced to pay for at-sea monitors. ‘Unprofitable’ in this case meaning fishermen going out of business; deprived not only of income but a way of life.

The plaintiffs in this important case are Dave Goethel, a CSF board member and owner of the Ellen Diane, a 44-foot dayboat out of Hampton, N.H., along with Northeast Fishery Sector XIII, comprising thirty-two East Coast fishermen and managed by John Haran in New Bedford. The controversial issue has been simmering for some time. It is now in the hands of the judiciary. In arguing the case Cause of Action will present a number of legal arguments, primarily that NOAA has no authority to compel funding. It does not take a legal scholar to see which way this case should be resolved. Let us hope that justice will prevail.

View a PDF of the release

Lawsuit plaintiffs: Groundfish observer funding rule will ‘basically destroy industry overnight’

December 11, 2015 — A lawyer representing fishermen suing the federal government over a forthcoming requirement that they pay for the cost of bringing at-sea observers on their boats estimates that “more than half” of the US east coast groundfishermen will go out of business if the new rule takes effect.

Speaking to reporters on Dec. 10 about a lawsuit filed that day against the National Oceanic Atmospheric Administration (NOAA) and the US Department of Commerce, attorney Stephen Schwartz estimated that the rule change would “basically destroy the industry overnight”.

“That’s the fishermen with downstream effects on the crews, on buyers and sellers of seafood, on restaurants with kind of rippling effects throughout the entire economy of New England,” he said.

Schwartz works for Cause of Action, a non-profit Washington, D.C.-based legal advocacy group that is representing New Hampshire groundfisherman

David Goethel as well as the non-profit industry group Sector XIII  filed suit in federal court alleging that a NOAA requirement that groundfishermen begin paying for the cost of at-sea observers on Jan. 1 — a cost that NOAA has previously borne itself — violates existing federal laws including the Magnuson-Stevens Act.

According to Sector XIII manager John Haran, the at-sea observer funding rule will accelerate the decline of the east coast groundfish industry, which has already been in decline for years, he said.

Goethel, who operates a small dayboat from New Hampshire waters, agreed.

“We can not afford to pay for this. It’s that’s simple. I would ask everybody on the call, could you afford to pay $710 to pay for someone to ride to work with you everyday. We can’t either,” Goethel said.

Haran added fishermen are not clear why the cost for the at-sea observers is so high.

“The actual observer, the person on the boat gets paid between $15 and $20 per hour. How they get to $710 from there is one of the great mysteries of this whole program,” he said. “The fishermen are expected to pay for the observers’ training, for observer company overhead, for observer company profit even though we don’t know what that profit is.”

NOAA has defended the program arguing that it needs the information provided by the observers, but doesn’t have the resources to fund it itself. 

Read the full story at Undercurrent News

Fishermen sue to block impending fishing monitor costs

December 10, 2015 — A group of East Coast fishermen and a government watchdog group are suing the federal government over a shift in the cost of at-sea fishing monitors that they say could further decimate an industry that is already reeling.

Of the 50 fishing boats in the Greater New Bedford harvesting sector, just three will be left if fishermen are forced to pay for their own federal monitors starting Jan. 1. Of those three boats working in Sector 13, only the “Buzzards Bay” out of New Bedford will definitely continue to fish, according to sector manager John Haran of Dartmouth.

With the cost of the monitors, and the other federal restrictions on fishing, Haran said fishing boat owners will be losing money on their trips, effectively having to pay crew members $1,000 apiece for their trip.

“It’s just a deeper and deeper hole from trip after trip that they can’t recover from,” said David Goethel, a Hampton, N.H.-based single boat owner. He said he the cost is a pretty serious burden for the remaining groundfishermen.

“I’ll tie my boat up the day you have to pay,” he said. “I simply will not be able to break even.”

Read the full story from the New Bedford Standard-Times

Kelly Ayotte Supports NH Fishermen Challenging At-Sea Monitoring Program

Editor’s Note: Cause of Action Executive Director Dan Epstein addressed Senator Ayotte’s press release by stating that “Cause of Action, on behalf of the fishermen we are representing in this matter, applaud Senator Ayotte, and thank her for her support. We appreciate any help we can get on educating the public about this unlawful regulation that would devastate the fishing industry and would put good, hard-working people out of work.”

WASHINGTON — December 10, 2015 — The following was released by the office of U.S. Senator Kelly Ayotte (R-N.H.):

U.S. Senator Kelly Ayotte (R-N.H.) today expressed support for New Hampshire fishermen who filed a lawsuit in federal court challenging the legality of the National Oceanic and Atmospheric Administration’s (NOAA’s) at-sea monitoring program:

“I support New Hampshire fishermen in their fight against NOAA’s at-sea monitoring fees. I continue to believe that NOAA should fully fund the at-sea monitoring program and Senator Shaheen and I have also called for a full investigation of the program. Going forward, I will continue to do everything in my power to ensure the survival of New Hampshire’s historic and iconic commercial fishing industry.”

In September, Ayotte introduced legislation to terminate NOAA’s independent third-party at-sea monitoring program for the Northeast Multispecies Fishery unless NOAA fully funds the program using funds within its existing budget. She also sent a letter, together with U.S. Senator Jeanne Shaheen (D-N.H.), to the Department of Commerce Acting Inspector General David Smith calling for a full investigation into NOAA’s at-sea monitoring program for the Northeast Multispecies Fishery, which includes New Hampshire’s coastal region.

Also in September, Ayotte hosted a roundtable discussion with NOAA officials, New Hampshire fishermen, and business leaders at the Pease Tradeport in Portsmouth. She invited NOAA officials to New Hampshire to hear directly from fishermen and business leaders about concerns with fishing regulations, federal catch-share limits, NOAA’s process for determining fish stocks, the imposition of fees for “at-sea monitors” on commercial fishing vessels, and NOAA’s implementation of the Magnuson-Stevens Act. Ayotte is a member of the Senate Commerce Committee and the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard.

Read the original release from the office of U.S. Senator Kelly Ayotte (R-N.H.)

AUDIO: Cause of Action & Plaintiffs Discuss At-Sea Monitoring Lawsuit

December 10, 2015 (Saving Seafood) — This afternoon, Cause of Action, a government accountability organization “committed to ensuring that decisions made by federal agencies are open, honest, and fair,” held a media call with David Goethel and John Haran, the plaintiffs in a lawsuit filed against the Department of Commerce to overturn the Department’s decision to have the commercial fishing industry pay for the cost of at-sea monitoring.

According to Cause of Action, “a large majority” of the commercial fishing operations in New England “will be forced to shut down if the government forces those who fish for cod, flounder and other ‘ground fish’ to pay out of pocket for at-sea monitoring, a program the government has traditionally funded.” The industry is expected to begin paying for the cost of at-sea monitors sometime in 2016.

According to Cause of Action, NOAA estimates that up to 60 percent of the groundfish fleet will be unable to afford the cost of at-sea monitoring. Among other reasons for the challenge, Cause of Action noted that “Congress has directed NOAA to use its appropriated funding to cover the cost of these at-sea monitors,” and “NOAA is specifically required by statute to implement regulations that allow fishing communities sustainable prosperity and ‘minimize adverse economic impacts on such communities.'”

Listen to the call here