Saving Seafood

Lawsuit: NOAA prioritized recreational snapper

December 31, 2015 — Twenty-six fishermen, fish markets and industry groups have again sued the US government alleging that regulators are allowing recreational fisherman to deplete scarce red snapper stocks in the Gulf of Mexico.

The lawsuit, filed against commerce secretary Penny Pritzker, the National Marine Fisheries Service (NMFS) and its parent agency, the National Oceanic and Atmospheric Administration (NOAA) comes in the wake previous litigation that has seen the commercial fishing industry succeed in challenging regulators’ red snapper management policies.

Previously, courts ruled that regulators did not have enough enforcement measures in place to ensure that recreational fishermen did not exceed their total allowable catch (TAC) of red snapper, a species under strict management because it is considered to be “overfished.”

The lack of adequate controls on recreational fishing violated provisions of the Magnuson-Stevens Act and prompted regulators to develop new measures for recreational fishing. However, in the lawsuit filed Dec. 28, commercial fishermen argue that a new regulatory proposal to “reallocate” a portion of future red snapper TAC from recreational to commercial use violates existing federal law.

Read the full story at Undercurrent News

Over-regulation threatens fishing industry

December 30, 2015 — HAMPTON, N.H. — New Hampshire fishermen locked horns with a federal agency this year over fishing regulations and mandatory costs they said would put them out of business for good.

The fight ultimately led to a federal lawsuit filed in December against the National Oceanic and Atmospheric Administration, which oversees the nation’s fisheries. The suit challenged the legality of NOAA’s intent to make fishermen pay for observers to monitor their compliance with federal regulations. Fishermen said it was unfair they would be forced to pay for their own policing.

Fishermen were already struggling with regulations in the start of 2015. In August 2014, NOAA’s scientific arm reported that Gulf of Maine cod was down 97 percent from historic sustainable levels. That led NOAA to cut fishing allocations for commercial fishermen in 2015 by roughly 70 percent from last year. NOAA also prohibited recreational fishermen from catching any cod and limited haddock this year.

Half of the commercial groundfishing fleet went inactive this year as a result, leaving only nine. Many recreational fishermen have picked up land jobs for supplemental income and anticipate leaving the fishing business eventually for good.

Read the full story at the Portsmouth Herald

 

 

MASSACHUSETTS: Northeast Seafood Coalition seeks support for monitoring plan

January 1, 2015 — The Northeast Seafood Coalition is seeking the city Fisheries Commission’s support for the New England Fishery Management Council’s recent vote to reduce the mandated level of at-sea monitoring for groundfish boats when the 2016 fishing season opens May 1.

Jackie Odell, NSC executive director, said she will make a formal request for a letter of support from the commission at its yet-to-be scheduled January meeting to begin building public and industry support for the actions the council took at its December meetings in Portland, Maine.

With the prospect of groundfishermen forced to assume the hefty cost of at-sea monitoring at some point within the first quarter of 2016, the council voted to reduce the level of mandated monitoring from approximately 24 percent of all groundfish trips to about 13 percent to help ease the additional financial burden looming on the horizon.

Read the full story at Gloucester Daily Times

 

 

NOAA outlines enforcement efforts

December 31, 2015 — Nearly six years after being savaged by a Commerce Department investigation that portrayed it as a department basically run amuck, the NOAA Fisheries Office of Law Enforcement has issued its first public annual report.

The report, released Dec. 17, is “part of our effort for more transparency,” Casey Brennan, chief of staff at the Office of Law Enforcement (OLE), said Wednesday.

The report, which does not reference the documented abuses by NOAA law enforcement agents at the heart of the 2010 investigation by the Commerce Department’s inspector general, portrays an agency grappling with the challenge of fulfilling its expanding mandate despite shrinking resources, budgetary constraints and declining staff at its headquarters, as well as its five divisional offices and 53 field offices.

“As we continue to navigate the challenges of resource management and budgetary constraints while adapting to new and expanded missions, we have not lost sight of our core priorities,” OLE Director James Landon wrote in his director’s message introducing the report.

Read the full story from the Gloucester Daily Times

 

NOAA Fisheries Announces 2016-2018 Regs for Summer Flounder, Scup and Black Sea Bass

December 30, 2015 — The following was released by NOAA Fisheries:

NOAA Fisheries announces the 2016-2018 regulations for summer flounder, scup, and black sea bass.

The summer flounder catch limit is reduced by 30 percent (from 23 million lbs to 16 million lbs) due to 4 years of below average recruitment (young fish entering the fishery). The Mid-Atlantic Fishery Management Council has requested a stock assessment update for next year.

The scup catch limit is slightly reduced compared to 2015 levels, but is still well above recent catch.

The black sea bass catch limit will increase from 5.5 million lbs to 6.67 million lbs for 2016 and 2017. This is based on the revised recommendation of the Mid-Atlantic Council and the Atlantic States Marine Fisheries Commission. The 2018 regulations will be determined after the next scheduled stock assessment.

To get all the details on these proposed regulations, read the rule as published in the Federal Register today and the permit holder bulletin posted on our website.

Questions? Contact Moira Kelly at 978-281-9218 or moira.kelly@noaa.gov.

 

New Bedford Mayor Jon Mitchell: City would be great home for fisheries center

NEW BEDFORD, Mass. — December 29, 2015 — If NOAA Fisheries should decide to move the Northeast Fisheries Science Center out of Woods Hole, Mayor Jon Mitchell said New Bedford would be just right for a new home.

Mitchell calls the city “the best place in the Northeast by far.”

For about a year, the Commerce Department, which contains NOAA, has been assessing the adequacy and the condition of the various buildings that constitute the laboratory. NOAA spokeswoman Teri Frady said repairs, renovations or replacement are all possible options and any definitive direction is still a long way off.

“This kind of facilities study is done of any project like this,” Frady said. “There’s no decision at this point. We’re mainly focusing on the study so that the Department of Commerce and NOAA have everything they need.”

For his part, Mitchell said told The Standard-Times he “raised this issue with NOAA at least a year ago, along with the federal delegation.”

Read the full story from the New Bedford Standard-Times

Statement from Paul Doremus, Deputy Assistant Administrator for Operations at NOAA Fisheries on Recent Press Regarding Relocation of NOAA Fisheries Woods Hole Laboratory

December 24, 2015 — The following was released from NOAA Fisheries:

On December 23, 2015, the Falmouth Enterprise published a story that NOAA “is exploring the possibility of relocating the Northeast Fisheries Science Center to a new facility outside of Woods Hole.” While the story suggests that relocation may be imminent, we are in fact very early in the process of considering how best to update the buildings and associated operations of the 54-year-old Woods Hole complex. The Enterprise story also contains statements from a Science Center employee that do not represent the views of the agency. At this point, NOAA has not made a decision to relocate the laboratory and will only pursue a recapitalization option after extensive analysis and consultations with the Administration and Congress.

Right now, NOAA is conducting a large-scale study that will evaluate all of our options for upgrading the Woods Hole complex. Studies like this are a normal business practice for long-term planning. This type of study requires the agency to evaluate multiple options to inform the overall decision-making process.

While NOAA Fisheries is fully committed to maintaining its scientific capabilities in the Northeast, the condition of that laboratory, built in 1961, will make it increasingly difficult for NOAA to continue its tradition of world-class fisheries science in the region into the future.

The current study will be completed sometime in the spring. Starting with this study, Fisheries will continue to work with NOAA and the Department of Commerce to ensure they have everything they need to evaluate our options, including information on potential community impacts, costs and benefits to our mission, and the ability for our Agency to continue to do our scientific work in the Woods Hole area.

We look forward to working further with the Administration, with Congress, and with all of our partners in the region as we evaluate our options for upgrading our facilities and providing the best long-term support for our scientific work in the Northeast.

 

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

December 27, 2015 — 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.

Read the full opinion piece at the Wall Street Journal

 

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

Scientists worry that the Chesapeake’s natural shoreline is turning into a wall

December 26, 2015 — On the banks of the Potomac River, construction cranes that look like metal dinosaurs tower over Southwest Washington. They swivel in all directions, delivering concrete and other heavy material to workers building a large development behind a steel-and-concrete wall that holds back the water.

Within two years, the Wharf will begin emerging as a playground of trendy apartments, shops and entertainment venues. But below the river’s surface, animals that depend on vegetation in the water may continue to struggle, marine scientists say.

The Wharf is part of the great wall of the Chesapeake Bay. Because of development along the bay and its rivers, vast swaths of soft shorelines have been turned into stone. The spread of what scientists call “the armored shore” is depriving young fish, crabs and other organisms of food and shelter. And it is yet another reason why life in the bay is disappearing, according to new research funded by the National Oceanic and Atmospheric Administration.

Houses, offices, bike paths, marinas — and walls built to protect them from erosion and rising sea levels — are replacing marshy shores, uprooting plants that young fish, crabs and other organisms use for food.

Read the full story at The Washington Post