Saving Seafood

Cause of Action’s Stephen Schwartz Discusses At-Sea Monitoring Lawsuit on WBSM

December 16, 2015 — WASHINGTON (Saving Seafood) — Last Saturday, December 12, on the Ken Pittman Show on WBSM in New Bedford, Massachusetts, Cause of Action Counselor Stephen Schwartz, discussed a lawsuit that the organization filed against NOAA for their at-sea monitoring program. During the interview, Mr. Schwartz explained that the federal requirement that fishermen fund at-sea-monitors is overly intrusive and too burdensome for the fishing industry.

“The federal government is making a huge imposition even when top agencies and regional administrators agree that fishermen can’t afford to fund the observers, and more than half of them would go out of business,” he said.

Mr. Schwartz said that most federal observers do not have the same expertise that fishermen do – fishermen who have made their living on New England waters often in inclement conditions – and present a danger to the fishermen by taking up space on the boats, and preventing them from efficiently collecting data on fish stocks.

“If fishermen were left to their own devices, they would actually protect fish stocks and be more productive,” he said.

Mr. Schwartz and Cause of Action are arguing that NOAA does not have the power to require that the industry fund the observer program, and that the principles of constitutional law involved have the potential to restructure fishing industry regulations in order to not place the burden solely on fishermen.

Listen to the interview here

Gulf of Maine Research Institute to study fishing communities’ climate vulnerability

December 16, 2015 (AP) — The Gulf of Maine Research Institute in Portland will get $1.3 million in federal money to investigate fishing communities’ vulnerability to climate change in the Northeast.

The National Oceanic and Atmospheric Administration announced the award Tuesday. Researchers from the institute will examine ecological, social and economic impacts of climate change on fishing communities.

Read the full story from the Associated Press at Portland Press Herald

Gulf Seafood Institute’s President Harlon Pearce Appointed to NOAA’s Marine Fisheries Advisory Committee

December 15, 2015 — Secretary of Commerce Penny Pritzker has appointed Gulf Seafood Institute’s President Harlon Pearce, along with three other new advisors, to the National Oceanic and Atmospheric Administration’s (NOAA) Marine Fisheries Advisory Committee. The Marine Fisheries Advisory Committee (MAFAC) advises the Secretary on all living marine resource matters currently the responsibility of the Department of Commerce.

According to NOAA, the expertise of MAFAC members is used to evaluate and recommend priorities and needed changes in national programs and policies, including the periodic reauthorization of the Magnuson-Stevens Act, Endangered Species Act and Marine Mammal Protection Act. The members represent a wide spectrum of fishing, aquaculture, protected resources, environmental, academic, tribal, state, consumer, and other related national interests from across the U.S., and ensure the nation’s living marine resource policies and programs meet the needs of these stakeholders.

As owner and operator of Harlon’s LA Fish in New Orleans, a seafood processing and distribution company, Pearce has more than 46 years of experience in the seafood industry.  He has been an advocate for developing strong and viable seafood industries, a “go to” source for the media and seafood events, and a guest speaker and lecturer.

A tireless spokesperson for Gulf seafood, he was instrumental in the foundation of the Gulf Seafood Institute, which advocates on behalf of the entire Gulf seafood community. Pearce previously served for nine years as the Louisiana Representative on Gulf of Mexico Fisheries Management Council and for 11-years was Chairman of the Louisiana Seafood Promotion and Marketing Board, a tenure which spanned both the devastating hurricane season of 2005 and the BP Deepwater Horizon Oil Spill.

Read the full story at the Gulf Seafood Institute

 

NOAA Awards Funding for Research Projects to Study Climate Impacts on Fish and Fisheries

December 15, 2015 — The following was released by NOAA Fisheries:

Seven projects to increase understanding and response to climate-related impacts on living marine resources

Following release of the  NOAA Fisheries Climate Science Strategy, today the agency announced $5 million in new research funding to study the impacts of climate change on fish and fisheries of the Northeast Shelf Large Marine Ecosystem. The funds, which will be distributed over the next two to three years, will support seven new projects designed to increase our understanding of how climate change can affect fish stocks, fisheries, and the communities that depend on them for their livelihood.

“Warmer coastal and ocean waters and ocean acidification are already affecting our nation’s fisheries,” said NOAA Fisheries chief science advisor Richard Merrick, Ph.D. “NOAA is working to ensure the resilience of healthy, productive fisheries that are essential to U.S. coastal communities. Sustainable fisheries create jobs, stabilize coastal economies, enhance commerce, and help to meet the growing demand for seafood.” 

NOAA Research’s Climate Program Office and NOAA Fisheries Office of Science and Technology funded the projects through a competitive process and include collaborations between NOAA and academic scientists. In addition, these projects support the Administration’s Priority Agenda for Enhancing the Climate Resiliency of America’s Natural Resources.

Six projects support research to understand and respond to climate impacts on fish and fisheries in the Northeast Shelf Large Marine Ecosystem and the seventh will support a workshop focused on ecosystem tipping points in the North Pacific.

More details on the listed projects can be found on the following web pages:

NOAA Fisheries Office of Science and Technology

NOAA Research Climate Program Office

 

MASSACHUSETTS: Would-be mussel farmers fishing for project money

December 14, 2015 — The aquaculture project Salem State University marine research scientists hope might ultimately produce acres of mussels in a stretch of deep, open waters off the coast of Cape Ann has received the necessary permits to proceed.

Now all the project managers need is … what else? Money.

Mark R. Fregeau, a SSU marine biology professor, said the project he is managing with SSU colleague and collaborator Ted Maney has been green-lighted by the U.S. Army Corps of Engineers and will begin in earnest once they raise about $75,000 needed to begin laying the initial long lines upon which the mussels will grow.

The mussel aquaculture — or more simply, farm — will be located in federal waters, about 81/2 miles due east of Good Harbor Beach, at a site the researchers believe will provide the perfect environment for a deep-water mussel aquaculture that would be the first of its kind in the U.S.

“We’ve been authorized to put out a couple of (experimental) lines and see how they work and what issues might arise,” Fregeau said. “The reality is that until we actually get into the water, we don’t know exactly what we’ll be dealing with. So, it will be rolled out in phases, a couple lines at a time, and that will give us the opportunity to report back to the Army Corps of Engineers and NOAA.”

Read the full story at Gloucester Daily Times

New England council votes to increase scallop catch allowance for 2016

December 11, 2015 — The New England Fishery Management Council (NEFMC) has elected to increase fishing days at sea for the 2016/17 scallop season.

Total landings are projected to increase on the 2015/16 season, to around 47 million pounds, NEFMC told Undercurrent News.

The council chose its final preferred recommendations for ‘framework 27’, the sea scallop management plan, at its December meeting.

Days at sea have been recommended at slightly higher levels for next year — 34.55 compared to 31, per full-time vessel, this year, while the level of catch from access areas is the same as in 2015: 51,000 pounds per full-time vessel, or about 17 million pounds in total.

All limited access trips were assigned to the Mid-Atlantic access areas. The general category individual fishing quota increased from about 3m pounds this year to about 4.5m pounds.

If approved, they will be allowed to take about 1.5m pounds of that total from access areas, mostly the Mid-Atlantic access area, and around 300,000 pounds were made available from the northern part of Nantucket Lightship.

These remain recommendations; they still need to be approved. The National Marine Fisheries Service will publish a proposed rule in several months with what it plans to implement, before taking public comment and then publishing a final rule.

Read the full story at Undercurrent News

 

Finding Refuge for Salmon, Cold Water Preferred

December 11, 2015 — PORTLAND, Ore. — When Lewis and Clark first encountered the Columbia River in 1805, they wrote about nearby streams so thick with salmon that you could all but walk across on their backs.

Last summer, those streams looked very different. As a torrid heat wave settled over the Pacific Northwest, the salmon heading up the Columbia River from the ocean in their ancient reproduction ritual started dying en masse, cooked in place by freakishly hot water that killed them or made them vulnerable to predators. Sockeye died by the hundreds of thousands.

“It was a peek at the future,” said Jim Martin, a former chief of fisheries for Oregon, who now works on conservation issues for a fishing tackle company, Pure Fishing. “This is exactly what is predicted by climate-change models.”

Other salmon experts, though, said the future was not that clear. Even as the sockeye here were dying, they said, pink salmon were exploding in number, especially in the Puget Sound area around Seattle. Alaska, which actually supplies most of the wild-caught salmon eaten in Portland, Seattle and other coastal cities that have their identities tied to fish, had its own good-news story this year, with a near-record harvest.

Read the full story at the New York Times

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