Saving Seafood

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

New England Fishermen File Lawsuit Over At-Sea Monitoring Mandate

WASHINGTON — December 9, 2015 — The following was released by Cause of Action:

Today, Cause of Action is announcing that its clients, David Goethel, owner and operator of F/V Ellen Diane, a 44-foot fishing trawler based in Hampton, N.H., and Northeast Fishery Sector 13, a nonprofit entity comprised of over 20 groundfishermen located up and down the eastern seaboard, are suing the U.S. Department of Commerce over a program that would devastate much of the East Coast’s ground fish industry.

The complaint challenges the legality of a federal mandate requiring groundfishermen in the Northeast United States to not only carry National Oceanic and Atmospheric Administration (“NOAA”) enforcement contractors known as “at-sea monitors” on their vessels during fishing trips, but to soon begin paying out-of-pocket for the cost of these authorities. In addition to the complaint, the Plaintiffs have filed a motion for a preliminary injunction that would protect fishermen from having to bear the costs of the at-sea monitors.

“Fishing is my passion and its how I’ve made a living, but right now, I’m extremely fearful that I won’t be able to do what I love and provide for my family if I’m forced to pay out of pocket for at-sea monitors,” said Goethel.  “I’m doing this not only to protect myself, but to stand up for others out there like me whose livelihoods are in serious jeopardy. I’m grateful to Cause of Action for giving my industry a voice and helping us fight to preserve our way of life.”

“The fishermen in my sector are hard-working and compassionate folks who would give the shirts off of their backs to help a fellow fisherman in need,” said Northeast Fishery Sector 13 Manager John Haran. “Our sector will be effectively shut down if these fishermen are forced to pay, themselves, for the cost of at-sea monitors.”

“By the federal government’s own estimate, this unlawful regulation will be the death knell for much of what remains of a once-thriving ground fish industry that has been decimated by burdensome federal overreach,” said Cause of Action Executive Director Dan Epstein. “Americans, particularly those who enjoy good, quality seafood, should be extremely concerned that an industry that has been around since before our nation was even founded is slowly going extinct, having been left out at sea by a federal government that seems more interested in caving to special interests than protecting jobs, families and consumers everywhere.”

 

BACKGROUND: 

“Catch Shares” are a fishery management tool that dedicates a secure share of quota allowing fishermen or other entities to harvest a fixed amount of fish. Since 2010, the National Oceanic and Atmospheric Administration has coerced New England groundfishermen like Mr. Goethel into joining a form of catch shares known as “sectors,” where they share quota, and are forced to invite federally-contracted monitors onto their boats anytime they set out to sea. 

Although the agency has claimed in Federal court that “Sector membership is voluntary; permit holders need not join a sector in order to be able to fish,” the reality is they have designed the alternative, known as the “common pool” to be so prohibitive, that fisherman are forced to join a sector to remain economically viable in the groundfish industry. 

Catch Shares were promoted heavily by environmental groups and NOAA during the first years of the Obama Administration. Former NOAA Administrator Jane Lubchenco, asserted that “fisheries managed with catch share programs perform better than fisheries managed with traditional tools.” She promised that catch shares are “the best way for many fisheries to both meet [federal mandates] and have healthy, profitable fisheries that are sustainable.” However, the promises made by Federal appointees and environmentalists have not been fulfilled in New England.

Unfortunately, it’s about to get much worse for these struggling fishermen, who are already policed by the U.S. Coast Guard, the National Oceanic Atmospheric Administration (NOAA) and agents from the U.S. Fish and Wildlife Service. Some time in “early 2016,”, NOAA will begin forcing them to pay the costs associated with having at-sea monitors watch over their shoulders.

This unlawful mandate will cost Mr. Goethel and the groundfishermen of Sector 13 hundreds of dollars per day at sea, which, for many of them, is the difference between sinking and staying afloat. In fact, according to a study produced by NOAA, nearly 60% of the industry will be rendered unprofitable if it is required to pay out of pocket for these monitors. 

NOAA has implemented the industry funding requirement for monitoring despite the fact that:

  • The Secretary of Commerce declared the groundfish fishery an economic disaster in 2012.
  • The industry continues to struggle with the precipitous decline in groundfish profitability, as evidenced by a four-year low in groundfish revenue of $55.2 million for Fishing Year 2013 – a 33.6 percent decline from Fishing Year 2010.
  • Congress has directed NOAA to use its appropriated funding to cover the cost of these at-sea monitors, which NOAA has refused to properly utilize and allocate in accordance with congressional intent.
  • NOAA is specifically required by statute to implement regulations that allow fishing communities sustainable prosperity and “minimize adverse economic impacts on such communities.”
  • As mentioned above, NOAA itself produced a study indicating that upwards of 60 percent of the groundfish industry could be rendered unprofitable if it is required to pay for at-sea monitors.

About David Goethel:

Mr. Goethel, who has been fishing for over 30 years, holds a B.S. in Biology from Boston University, and worked at the New England Aquarium as a research biologist before choosing to go back out to sea as a fisherman. Mr. Goethel served two terms on the New England Fishery Management Council, and has been an advisor to seven state and federal fishery management boards, including the Atlantic State Marine Fisheries Commission and the governor’s commission on marine biology. Mr. Goethel has been awarded the National Fisherman’s Highliners Award for his active involvement in cooperative efforts to research and manage marine fisheries resources, and is a member of the Yankee Fishermen’s Cooperative.

About Northeast Fishery Sector 13:

Northeast Fishery Sector 13 is a nonprofit organization comprised of 20 active groundfishermen who are permitted in Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia. The number of groundfishing activity within the sector has declined sharply in the past five years due to poor science and overregulation, which has resulted in quota cuts. Click here for more information about the sector.

About Cause of Action:

Cause of Action is a government accountability organization committed to ensuring that decisions made by federal agencies are open, honest, and fair.

MEDIA CONTACT: Geoff Holtzman, geoff.holtzman@causeofaction.org, 703-405-3511

Read the Complaint here

Read the Motion here

Watch a YouTube video to learn more about the case here

Fishermen File Suit in N.H. Against NOAA Over Observers

December 9, 2015 — The following is an excerpt from a story published today in the Boston Globe. The plaintiffs in this lawsuit are David Goethel, who has been a fisherman for over 30 years and has served two terms on the New England Fishery Management Council, and Northeast Sector 13, a nonprofit organization comprised of 20 active groundfishermen who are permitted in Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia. They are represented in the lawsuit by Cause of Action, a government accountability organization committed to ensuring that decisions made by federal agencies are open, honest, and fair. 

A group of fishermen in the region filed a lawsuit Wednesday against the National Oceanic and Atmospheric Administration in federal district court in Concord, N.H., arguing that the agency violated their rights by forcing them to pay for a controversial program that requires government-trained monitors on their vessels to observe their catch.

The fishermen, who in the coming weeks will be required to pay hundreds of dollars every time an observer accompanies them to sea, argue that the costs are too much to bear and will put many of them out of business. 

They’re asking the court to prevent the regulations from taking effect when the federal dollars now subsidizing the program run out early next year. 

“I’m extremely fearful that I won’t be able to do what I love and provide for my family if I’m forced to pay,” said David Goethel, one of the plaintiffs, who for 30 years has been fishing for cod and other bottom-dwelling fish out of Hampton, N.H. “I’m doing this not only to protect myself, but to stand up for others out there like me whose livelihoods are in serious jeopardy.” 

The lawsuit alleges that, by forcing fishermen to pay for the monitors, regulators have violated their Constitutional rights and that their actions are “arbitrary, capricious, and an abuse of discretion.”

It adds that agency officials are “acting in excess of any statutory authority granted by Congress” and “improperly infringing on Congress’s exclusive taxation authority.”

As a result, the fishermen claim, the government’s authority to require the payments are “void and unenforceable.”

Fishing officials acknowledge that requiring the fishermen to pay for the so-called “at-sea monitoring” program will increase the hardship of fishermen who are already struggling with major cuts to their quotas. A federal report this year found that the costs could cause 59 percent of the region’s groundfishing fleet to lose money.

But agency officials have said that NOAA no longer has the money to pay for the program, and that by law, the fishermen were supposed to start paying for the observers three years ago.

The government has defrayed the costs because of the industry’s financial turmoil, said John Bullard, the agency’s regional administrator. In February, the agency told fishermen they would have to start paying later this year.

Bullard declined to comment on the lawsuit.

“NOAA Fisheries does not discuss ongoing litigation,” he said. “Independent of any litigation, we appreciate the challenge that paying for at-sea monitoring raises for fishermen.”

He and others noted that the fishermen may end up paying less than they expect for the observer program.

Read the full story at the Boston Globe  

Read the Legal Memo here 

Read the Complaint here

Fishermen sue to block impending fishing monitor costs

December 10, 2015 — PORTLAND, Maine (AP) — A group of East Coast fishermen is suing the federal government over a shift in the cost of at-sea fishing monitors that they say will cripple the fishery during an already difficult time.

Officials with the National Oceanic and Atmospheric Administration have said money for monitors in New England groundfisheries such as cod and haddock will be gone by early 2016. The monitors are trained workers who collect data to help determine future quotas on certain species of commercial fish.

Under the new rules, fishermen will have to pay for the monitors, which can cost about $800 per trip. Fishermen have spoken out for months against shifting the cost, saying it will sink many who are already dealing with the dwindling New England cod population and choking cuts to quotas.

A group including more than 20 groundfishermen is suing the federal Department of Commerce, which includes NOAA, in federal court in New Hampshire with a contention that the cost shift is illegal. The group is from New Hampshire, Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia and it is seeking an injunction to protect fishermen from having to pay up.

Read the full story from the Associated Press at San Francisco Chronicle

 

Rhode Island’s Groundfish Economic Assistance Program Now Accepting Applications

December 10, 2015 — The following was released by the Rhode Island Department of Environmental Management:

A new federal funding opportunity is available for Rhode Island fishermen through the Groundfish Disaster Economic Assistance Program, a direct-aid disbursement plan funded by the NOAA in response to the September 12, 2012 Northeast Multispecies (groundfish) disaster declaration by the Acting Secretary of Commerce. The groundfish disaster was declared for the 2013 fishing year in the states of Rhode Island, New Hampshire, Massachusetts, Maine, Connecticut, and New York. 

On May 28, 2014 the state fishery directors from Rhode Island and other affected states, in partnership with NOAA, announced a three-part framework for the distribution of $32.8 million in federal disaster aid monies to the New England groundfish industry. Rhode Island has completed the distribution of about $1.4 million to 43 pre-qualified federally permitted commercial groundfishermen (phase one) and this week began accepting applications for phase two of this framework.  In this phase, Rhode Island will distribute $519,656 for additional assistance to the Rhode Island commercial groundfish industry.

This state-specific program will be used by DEM to mitigate economic hardship experienced by the commercial groundfish industry not previously addressed by the phase one aid to qualified federal permit holders. This objective responds to cumulative economic impacts, which include lost harvest opportunities because of reduced quota allocations, high costs to operate within a sector, past debt incurred to survive the management program, and added investment needed to continue in sector programs, all of which have contributed to decreased revenue for a significant portion of the industry. 

Phase two of Rhode Island’s aid disbursement, the Groundfish Disaster Economic Assistance Program, extends direct-aid payments beyond the federal permit holders, to the captains and crew members who worked aboard the 43 vessels during the same four-year period when the reduced quotas were having the most impact on the commercial industry. It also extends direct-aid payments to the for-hire permit holders who were active in the groundfish fishery during the same period, as well as captains and crew associated with those permitted vessels, thereby addressing the impacts incurred by that sector of the groundfish industry.

Rhode Island’s Groundfish Disaster Economic Assistance program addresses the restoration and sustainability of the State’s commercial groundfish industry by also providing direct aid for the administration of RI-based sectors, which play a central role in the management program and are in need of financial support to remain viable. It is the goal of this disaster aid to ensure the needs and interests of the groundfish community are being met so that we can promote long-term stability in the Rhode Island commercial fishing industry. Additional information and applications can be found online at www.dem.ri.gov/groundfish.htm. Interested applicants should contact the program administrator, Amy MacKown, at 401-782-4492 or amy.mackown@dem.ri.gov. The deadline to submit an application is January 15th.

Overfishing is Getting Filleted by Markets

December 9, 2015 — Overfishing is a serious threat to the nearly 200 million people who depend on the world’s oceans for sustenance. After all, nearly one in five people around the world consume fish as their primary source of protein and overfishing has deleterious cascade effects on other marine ecosystems.

Illegal and excessive fishing are to a degree inevitable because oceans, rivers and many lakes are publicly administered. This gives fishermen an incentive to take from them as much as is legally possible. Yet, market-based resource management is offering a concrete solution to this “tragedy of the commons” and has already begun alleviating strains on U.S. fish stocks.

The U.S. economy is intertwined with the fate of the high seas. By conservative estimates, commercial and recreational fishing alone account for 1.3 million jobs and nearly $60 billion in economic activity. Overfishing has pernicious effects on Americans’ livelihoods: commercial anglers can lose out on up to 80 percent of potential revenue when local fish species see drastic population decline, as was the case in New England when cod, flounder, and halibut populations were unexpectedly low in 2009.

With market-based resource management, data from September 2015 show that the total number of wild stocks placed on the “overfishing” watch list has fallen to its all-time lowest level since 1997. Since the 2007 reauthorization of the Magnuson-Stevens Act, annual catch limits (ACLs) have allowed the National Oceanic and Atmospheric Administration (NOAA) to reduce the number of overfished U.S. stocks by nearly 75 percent since 2007 alone (from 41 in 2007 to only 10 in 2014). ACLs create total tonnage allotments based on a series of population growth factors specific to certain fish species.

Read the full story at Economics 21

 

Study measures drag from fishing gear entanglements on North Atlantic right whales

December 9, 2015 — Entanglement in fishing gear is the leading cause of death for North Atlantic right whales—one of the most endangered of all the large whale species. Their migratory routes take them through some of the busiest commercial fishing areas along the East Coast of the United States and into Canada.

Entangled whales can tow fishing gear for tens to hundreds of miles over months or even years, before either being freed, shedding the gear on their own, or succumbing to their injuries.

In a paper published online Dec. 9, 2015, in Marine Mammal Science, a research team led by the Woods Hole Oceanographic Institution (WHOI), has for the first time quantified the amount of drag on entangled whales that is created by towing fishing gear, such as rope, buoys, and lobster and crab traps. The study provides important data for teams evaluating the risks and benefits of whale disentanglements.

“We know that entanglement can change a whale’s diving and swimming behavior and depletes their energy,” said Julie van der Hoop, lead author of the paper and a PhD Candidate in the MIT-WHOI Joint Program in Oceanography, “but the big thing we have never really known is what it must be like for animals to tow the gear. Is it like wearing an empty backpack or is that backpack overloaded with heavy books? Does removing part of the gear improve chances of survival? These are some of the questions that we were looking to answer with this research.”

Read the full story from Phys.org

House Panel Supports Efforts to Safeguard Atlantic Coast Fisheries Access, Protect Against Obama Administration’s Potential Unilateral Fisheries Closures

December 7, 2015 — RIVERHEAD, N.Y. – The following was released by the House Committee on Natural Resources: 

Today, the House Committee on Natural Resources held an oversight field hearing in Riverhead, NY on public access to Atlantic fisheries and the impact and implementation of federal decision-making on the commercial and recreational fishing industry and local economies.  The panel received testimony from fisheries stakeholders and a representative from the National Oceanic and Atmospheric Administration (NOAA).

One focal point of the hearing was the possible designation by the Obama Administration of National Marine Monuments along the Atlantic Coast using the Antiquities Act, which would deny public input and usurp established habitat and fisheries management plans. Commercial and recreational fisheries stakeholders before the panel supported Committee efforts to ensure public input in future potential designations.

“I know firsthand what happens when a President abuses the Antiquities Act against the wishes of local residents as a means of shutting off multiple uses of lands and waters. There’s a reason we have laws on the books to ensure federal management decisions are informed by experts at the regional level, in full consultation with states and local users – not under the cover of darkness,” Committee on Natural Resources Chairman Rob Bishop (R-UT) said.

“Fishing and the maritime economy have been a key part of the economy, culture, and history of Long Island for centuries. Now more than ever our fisheries and the dedicated men and women who work in this important industry face challenges that must be addressed,” stated Rep. Lee Zeldin (R-NY) during opening statements. “And now more than ever we must strike the right balance between a strong fishing economy and protecting our critical natural resources. Fairness, transparency, and giving our fishermen and boaters a seat at the table is why we are here today.”

“Designating marine monuments is a relatively new practice that only began in 2006, with a monument designation larger than all of America’s National Parks combined, approximately the size of Germany,” Rep. Tom MacArthur (R-NJ) said during the hearing. “I find it particularly troubling that there is no concern given to local fish and wildlife commissioners or the state and local elected officials when sites are considered. There are serious implications to this designation and local communities should be involved in these designations, rather than a decree from Washington.”

In recent months, Members of Congress on both sides of the political aisle have voiced opposition to the potential Marine Monument designations and called upon the Obama Administration to seek local input on any potential actions.

Earlier this year, the House passed H.R. 1335, a bill to reauthorize and modernize the Magnuson-Stevens Act (MSA), the primary federal law that governs federal fisheries management.  This bill makes key reforms to reflect scientific advancements and regional needs, and includes provisions to ensure that state and local interests are protected from future Marine Monuments designated under the Antiquities Act.

Click here to view witness testimony. Video footage of the hearing will be available here later today.

Read the release here

New England fleet could see haddock quota double

December 4, 2015 — The annual catch limits for Gulf of Maine cod will increase slightly in 2016, while the quota for haddock will more than double if recommendations passed this week by the New England Fishery Management Council are approved by NOAA Fisheries.

One year after slashing total cod quotas by more than 75 percent to 386 metric tons, the council voted at its three-day meeting in Portland, Maine, to raise the total cod annual catch limit (ACL) to about 440 metric tons, with 280 metric tons designated for the commercial fishing industry in each of the next three fishing seasons.

The commercial industry’s Gulf of Maine cod ACL this year is 207 metric tons.

“It’s a slight increase and of course that’s always good,” said Jackie Odell, executive director of the Gloucester-based Northeast Seafood Coalition. “But it doesn’t come close to reflecting what fishermen — commercial and recreational — are seeing on the water and it’s certainly nothing that’s going to sustain the fishery.”

The council voted to increase the commercial quota for Gulf of Maine haddock in 2016 to 2,416 metric tons from the current 958 metric tons, or an increase of 152 percent.

“Haddock is going up substantially, like through the roof,” Odell said.

The news was not good on Cape Cod and Gulf of Maine yellowtail flounder, with the commercial ACL falling 26 percent in 2016 to 341 metric tons, and witch flounder, which will have a 50 percent decrease in its 2016 ACL to 302 metric tons from the current 620 metric tons.

Read the full story at the Gloucester Daily Times

 

Reps. Walter Jones, Patrick Murphy ‘Ask for Answers’ on Red Snapper

WASHINGTON (Saving Seafood) — December 3, 2015 — Last week, Congressman Walter Jones (R-NC) and Congressman Patrick Murphy (D-FL) wrote to Dr. Roy Crabtree, Regional Administrator of NOAA’s Southeast Regional Office, requesting the Agency explain its decision to close the commercial and recreational red snapper fisheries for 2015.

The Congressmen question the data used by the Agency to close the red snapper fishery, noting that NOAA’s estimate for red snapper landings in an abbreviated 2014 fishing season was “nearly 3 times the estimate for a full fishing year in 2013; and similar to the average annual catch estimate for the period 1992 to 2009 when fishing occurred year-round.”

The letter raised several questions about the quality of scientific data available for fish stocks in the South Atlantic. It asked why the Agency has not conducted a stock assessment for red snapper since 2010, and why, despite the “controversial closure” of the fishery following that assessment, no follow-up has yet been conducted. Among other data issues, the letter also inquired on why most stocks in the South Atlantic are considered to be “data-poor,” and why requests for cooperative research with the regional fishing industry “have largely fallen on deaf ears.”

The Congressmen’s letter, and its requests for answers regarding the quality of scientific data on red snapper, was praised by regional fishery advocates.

“We are very pleased that Congressmen Jones and Murphy wrote the letter to Dr. Crabtree,” said Jerry Schill, President of the North Carolina Fisheries Association. “While their words address a huge concern with the red snapper fishery, it highlights the much larger issue of science in all of fisheries management. Industry knows the importance of basing fishery management decisions on science; however, with the lack of confidence in regulatory agencies to provide adequate science, including stock assessments, we are constantly faced with draconian measures due to these uncertainties. The negative effects are on fishermen and their communities. The cause, however, lies with the failure of the regulators to do their part, which is to provide adequate science and stock assessments.”

Bob Jones, Executive Director of the Southeastern Fisheries Association, was similarly positive about the letter.

“Congressmen Walter Jones Jr. and Patrick Murphy have been steadfast in their efforts to protect fisheries in Florida, North Carolina, and the entire Southeast for all users. They have worked to make certain the seafood industry is treated with respect and equity, and we are proud to support their efforts here.”

Read the letter to Regional Administrator Crabtree here

Read a release from Congressman Walter Jones regarding the letter here