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Forest Products Co. Targets Greenpeace with Racketeering Suit; Lays Claim of Fraudulent Enterprise

SEAFOODNEWS.COM by John Sackton — June 7, 2016 — A major lawsuit against Greenpeace by a Forest Products company has a lot of resonance for the seafood industry, especially regarding whether damages can be awarded if Greenpeace deliberately mis-states facts.

Resolute Forest Products, a Montreal Company that is one of the largest producers of newsprint, pulp, and other paper and wood products in the world, has sued Greenpeace over its multiyear campaign called Resolute: Forest Destroyer.

Our industry members should read the entire case document (here). It lays out a familiar pattern.

  1. Greenpeace and various Forest Products Companies come to a landmark agreement regarding better forestry practices and measures to reduce impacts on Woodland caribou, whose populations are declining in Quebec and Ontario.
  1. The cooperation does not support Greenpeace’s fundraising model, which depends on conflict and targeting specific companies to raise donations.
  1. Greenpeace blows up the existing agreements, and pressures certification organizations to withdraw compliance certificates.
  1. Greenpeace goes to customers with a campaign of intimidation, saying that if they continue to do business with Resolute, Greenpeace will attack their brand.

Best Buy, Proctor and Gamble, Hearst Newspapers, the European Publisher Axel Springer, Rite-Aid, Home Depot, 3-M, Kimberly Clark and others all were targeted by Greenpeace to stop doing business with Resolute.

Initially Best Buy refused, but its website was hacked on Black Friday (the biggest online shopping day after Thanksgiving) in 2014, and over 50,000 people posted false and misleading product reviews claiming Best Buy supported ‘fueling the destruction of the Canadian Boreal Forest. ”

The next month, Best Buy informed Resolute that they would no longer buy from them.

The total cost in lost business has been well over $100 million from three companies alone: Best Buy, Rite-Aid, and 3M, according to a Greenpeace document.

Resolute charges that Greenpeace fits the definition of a racketeering organization because a number of groups and individuals (Greenpeace International, Greenpeace Canada, Greenpeace Fund, Greenpeace Inc., etc make false statements, threats, and take other actions with the purpose of securing donations under fraudulent purposes.

Resolute says that Greenpeace needs to “emotionalize” issues rather than report facts to generate sufficient donations that its bloated and ineffective operations would not otherwise generate. They give numerous examples, including an accidentally released internal statement calling for the insertion of an “ALARMIST AND ARMAGEDDONIST FACTOID”, in a public report.

Resolute says well over 60% of GP-Inc’s annual revenues go to the six-figure salaries of its executives and the salaries and benefits of its other employees. A whopping 94% of revenue is consumed by salaries and administrative and fundraising expenses, including office expenses, IT, travel, lodging, conferences, and telemarketing expenses.

That is to say, far from an organization that actually does things to improve the environment, Greenpeace is fundamentally a fundraising organization that raises funds to pay its leaders and continue raising more funds.

Resolute argues that because funds raised to ‘save the boreal forests’ are not used for a public purpose, but instead to maintain the enterprise, the use of threats, false statements, and intimidation fit the definitions of the American Racketeering and Corrupt Practices act.

The heart of the case is that Greenpeace’s claims against Resolute are false, and were made for the purpose of generating emotional heat that would result in massive donations.

For example,

“Resolute is not a “destroyer” of the Boreal forest in any possible sense of the word, and cannot in any way be accurately characterized as such. Less than. 5% (. 005) of the Canadian boreal forest is harvested annually, and five times as much is lost due to natural causes including insects, disease, blowdowns, and fire. Due to planting and regeneration efforts, there is zero net loss from logging in the Boreal Forest.

“Resolute has received numerous awards and recognitions for its responsible and sustainable forestry. The claim by Greenpeace — which has never planted a single tree in the Boreal forest — that Resolute — which has planted over a billion trees in the Boreal forest and contributed to no permanent loss of forest acreage — is a “Forest Destroyer” is patently false and unfounded. It is a malicious lie”, claims the suit documents.

Secondly, Greenpeace has accused the company of contributing to climate change by logging. Yet the Scientists at the UN IPCC have said that a “sustainable forest management strategy aimed at maintaining or increasing forest carbon stocks, while producing an annual sustainable yield of timber, fibre, or energy from the forest will generate the largest sustained mitigation benefit. ” In other words, younger trees absorb more carbon, while older trees lose carbon to the atmosphere. Resolutes practices are helping the forests remain an effective carbon sink.

Thirdly, Greenpeace’s campaign repeatedly fails to disclose that in 2010 Resolute and other forestry companies agreed with Greenpeace to, in Greenpeace’s own words, a “moratorium . .. protecting virtually all of the habitat of the threatened woodland caribou, ” and Resolute’s operations since that time have remained outside “virtually all of th[at] habitat”.

Fourth Greenpeace has repeatedly manufactured facts and evidence to support the “Resolute: Forest Destroyer” campaign’s lies. For example, it has published staged photos and video falsely purporting to show Resolute logging in prohibited areas and others purporting to show forest areas impacted by Resolute harvesting when the areas depicted were actually impacted by fire or other natural causes.

In addition to the false claims, Resolute says Greenpeace torpedoed the 2010 forestry agreement by falsely claiming that Resolute was logging in areas that were prohibited.

Part of the issue is that there were multiple disputes over Northern Forest issues between the government of Quebec and some of the native bands; and there were also conflicts between government mandated forest practices to conserve caribou, and forest practices preferred by native bands in their own hunting areas. The FSI certificates were withdrawn based on these disputes, not due to Greenpeace’s charges against Resolute. Yet customers were told that Resolute was losing its certifications.

Resolute has asked for a jury trial in Georgia, where it has offices and the headquarters of a number of the companies who have withdrawn purchasing under pressure from Greenpeace are also located.

They hope with the discovery process to be able to show in more depth the corruption of the campaign against them.

In their suit, they site several examples from the seafood industry as well where Greenpeace has made false claims that have been refuted by NOAA and scientific consensus, and yet Greenpeace has pursued those claims to try and halt sales of products. Their retail report card, for example, that grades retailers on whether they reject Alaska pollock or not, is mentioned, as is Greenpeace’s refusal to engage on Tuna with the ISSF.

The recent Bering Sea Canyon fight is very similar to the Forest Destroyer Campaign. Greenpeace tried to claim to customers that unless they refused to buy pollock from a certain part of the Bering Sea, they would be contributing to the destruction of the ecosystem.

When a major scientific effort showed this was totally false, the campaign collapsed because the retailers still retained some faith in NOAA and US government Science. But the issues at stake are very much the same as those with the Northern Forest, so it will be extremely interesting to keep abreast as the suit goes forward.

In Canada, another suit has been filed by Resolute in 2013, and is still making its way towards trial. In Canada, Greenpeace long ago lost its ‘tax-exempt’ status as the Canadian government determined the charity did not serve a public purpose.

The Resolute case seeks to establish that in some areas, the organization acts as a criminal enterprise.

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

Read the story at Seafood News

NOAA, Canadians fight Swedish lobster ban

June 7, 2016 — NOAA and its Canadian counterpart are ramping up opposition to a Swedish-led proposal to ban the import of American lobsters into the European Union, saying the Swedish risk assessment falls far short of the necessary scientific standards to support the ban.

Sweden, concerned about the appearance of fewer than 100 American lobsters in its waters during the past decade, performed a risk assessment it said reflects the potential for the species Homarus americanus to become an invasive alien species capable of overwhelming Europe’s indigenous lobster population.

“Among other claims, the Swedish risk assessment finds that there is a high risk of Homarus americanus successfully reproducing and overpowering the native Homarus gammarus in EU waters, with a major/massive ecological and economic impact,” Eileen Sobeck, assistant administrator for fisheries for the National Oceanic and Atmospheric Administration, wrote in a letter to Daniel Calleja Crespo of the European Commission. “Our initial findings suggest that these conclusions are not supported by the best available science.”

Sobeck went on to say “there is no evidence of successful life cycle completion or establishment” of the American lobster population in Swedish waters or corresponding “negative impacts to biodiversity or related ecosystems when introduced (deliberately or otherwise) outside of its native range in western North Atlantic waters.”

The cooperative U.S.-Canadian effort has both economic and political motivations.

Its overarching motivation is to protect the North American lobster exporting industry, in which Canada and the United States collectively ship more than $200 million worth of live lobsters to the EU each year.

Read the full story from the Gloucester Times

2016-2017 Monkfish Research Set-Aside Awards Announced

June 7, 2016 — The following was released by NOAA:

NOAA Fisheries is pleased to announce, in coordination with the New England and Mid-Atlantic Fishery Management Councils, the selection of two cooperative research proposals submitted to the 2016-2017 Monkfish Research Set Aside (RSA) Program.

Overall, five researchers from four different institutions have been awarded grants to investigate monkfish biology to help improve the stock assessment for one of the Greater Atlantic Region’s highest valued commercial finfish. The researchers will work on two projects involving dozens of commercial fishing vessels, supported by awards valued at approximately $3.77 million.

Both grant recipients propose to build on previous research in an effort to identify monkfish stock structure through genetic studies and to estimate growth and movement of juvenile monkfish. These projects address the monkfish RSA program goals for stock structure/stock identification and implications for stock assessment and fisheries management.

NOAA Fisheries Announces Proposed Rules for Northeast Skate Fishery

June 6, 2016 — The following was released by NOAA Fisheries Greater Atlantic Region:

Today, NOAA Fisheries proposes, and opens for public comments, new management measures for the northeast skate fishery.

These were developed through Framework Adjustment 3 to the Northeast Skate Complex Fishery Management Plan at the recommendation of the New England Fishery Management Council.

The proposed measures are:

  • New quotas for the skate wing (8,372 mt) and bait (4,218 mt) fisheries for the 2016 and 2017.
  • All skate trip limits are proposed to remain unchanged from current levels.
  • Splitting the skate wing fishery quota into two seasons (May through August and September through April) to allow the directed fishery to be temporarily closed in-season if the seasonal quota is reached.

Read the proposed rule as filed in the Federal Register.

The comment period is open until 5pm on June 21.

Please submit your comments online or by mailing them to:

John Bullard, Regional Administrator
NOAA Fisheries Greater Atlantic Region
55 Great Republic Drive
Gloucester, MA 01930

Please mark the outside of the envelope “Comments on Northeast Skate Fishery Proposed Rule.”

Unmanned vessels deployed for Alaska ocean research

June 6, 2016 — ANCHORAGE, Alaska — Researchers in the Bering Sea off Alaska’s west coast will get help this summer from drones, but not the kind that fly.

The National Oceanic and Atmospheric Administration and private researchers are gathering data on marine mammals, fish and ocean conditions from two “autonomous sailing vessels” built by Saildrone, an Alameda, California, company.

“Think of a 20-foot outrigger canoe with an airplane wing sticking up from the middle,” said Chris Sabine, director of NOAA’s Pacific Marine Environmental Lab, at a press teleconference Friday.

They hold great appeal for researchers because they’re far cheaper to operate than research ships and they can work in dangerous conditions of the North Pacific.

“Imagine the TV series, ‘Deadliest Catch,’ and you can imagine why we would like to remotely gather this information,” Sabine said from Seattle.

Operating by solar and wind power, the vessels can carry 200 pounds of instruments. Two were deployed last week from Dutch Harbor in the Aleutian Islands. Part of their payload will be acoustic gear that can pick up the sounds of North Pacific right whales, one on the most endangered animals on the planet.

Read the full story at the New Jersey Herald

Federal Legislators Tour New Bedford Fisheries, Discuss At-Sea Monitoring

Bishop 5

Rep. Bill Keating (left) and Rep. Rob Bishop (right) discuss at-sea monitoring in a visit to New Bedford on Thursday, June 2. (Photo: House Natural Resources Committee)

June 3, 2016 — The following is excerpted from a story published yesterday by WBSM:

The City of New Bedford welcomed a possible congressional ally for the fishing industry Thursday to tour fisheries along the harbor.

Congressman Rob Bishop (R-UT) took a tour of the Whaling City Seafood Auction and seafood processing plant Northern Wind along with Congressman Bill Keating (D-MA), New Bedford Mayor Jon Mitchell and representatives of the local seafood industry.

Elected officials and members of the fishing industry have expressed grave concern over the federally mandated costs by NOAA for at-sea monitors aboard select fishing vessels across the east coast.

Keating said it’s difficult for legislators outside maritime districts to fully understand the impact of the at-sea monitoring costs.

“It creates a greater challenge to get the understanding why this is so important,” said Keating. “The cost of monitoring $800 a day could be enough to be the difference between success and failure of a small business.”

Read the full story at WBSM

MAINE: Feds Propose to Protect Atlantic Sturgeon Habitat in Maine

June 3, 2016 — PORTLAND, Maine – Federal fishing regulators are proposing to designate the waters of several Maine rivers as critical habitat for Atlantic sturgeon.  The designation is also proposed for other Atlantic coast waterways further south.

The anadromous fish, which mature in estuaries and marine waters but return to rivers to spawn, are listed as a threatened species in the Gulf of Maine, and as endangered in other areas.

The National Oceanic and Atmospheric Administration is proposing to protect the Atlantic sturgeon’s river habitat in Maine, including parts of the Penobscot, Androscoggin, Kennebec, and Piscataqua rivers.

“Sturgeon need this habitat to recover,” says NOAA Fisheries assistant administrator Eileen Sobeck, in a press release, “and these designations give us an important additional conservation tool.”
Read the full story at Maine Public Broadcasting Network

NOAA announces more than $11 million in grants

June 3, 2016 — The following was released by NOAA:

Today, NOAA is recommending more than $11 million in funding for 50 projects across the nation.

Of the 50 projects selected nationally, 22 projects are in the Greater Atlantic Region requesting over $4.6 million in federal support.

The list of recommended projects are in the Greater Atlantic Region is now available. Read summaries of work to be performed under these recommended projects.

For more than 60 years, NOAA has awarded grant funding under the Saltonstall-Kennedy program to organizations across the country. Funds address needs of fishing communities, support economic opportunities, and build and maintain resilient and sustainable fisheries.

“These projects represent the best in cutting-edge science and research,” said NOAA administrator Kathryn Sullivan, Ph.D. “They will help us better understand fish ecosystems, reduce bycatch, advance fish farming and improve fisheries management. All of these things help restore our fisheries and support economic growth.”

Demand for information, data, service and funding from federal agencies continues to grow. This year, NOAA received a record number of proposals—325 applications requesting nearly $77 million. In order to better match research and development proposals with mission needs and goals, this year’s recommended projects fall into seven priorities:

  • Aquaculture
  • Techniques to reduce bycatch
  • Adaptation to long-term climate and ecosystem change
  • Socio-economic research
  • Fishery data collection
  • Promotion, development and marketing
  • Science in U.S. territories

“NOAA continues to work with researchers, the fishing industry, coastal communities, and other stakeholders to build sustainable fisheries and we will continue to fund opportunities like these that help to preserve our ocean for future generations,”  said Sullivan.

Proposals underwent a rigorous evaluation process, including extensive technical review both within the agency and by an external constituent panel before final agency review.

At this point in the selection process, the application approval and recommended funding is not final. Divisions of NOAA and the Department of Commerce, NOAA’s parent agency, must still give final approval before successful applicants receive funding near the end of the fiscal year.

New York Urges Federal Government for Needed Regulatory Changes to Improve Black Sea Bass Fishery

June 2, 2016 — ALBANY, NY — New York State Department of Environmental Conservation Acting Commissioner Basil Seggos continues to call on the federal government to improve management of the black sea bass fishery in the region. In a letter to National Oceanic and Atmospheric Administration and the Atlantic States Marine Fisheries Commission on May 17th, DEC urged the federal government to expedite a new stock assessment for black sea bass and implement other modifications to improve regulation.

“The increasingly restrictive measures demanded of Northeastern states are inequitable and cause great socioeconomic harm to our anglers and related businesses,” Seggos said. “The ASMFC and NOAA must revise their management strategy and not keep New York and the Northeast commercial anglers at a competitive disadvantage while the black sea bass population continues to grow.”

Pursuant to the Magnuson-Stevens Act, black sea bass is managed jointly by the Atlantic States Marine Fisheries Commission and the Mid-Atlantic Fishery Management Council with decisions for final annual coast wide quotas set under the National Oceanic and Atmospheric Administration Fisheries program. To implement these federal restrictions, New York’s commercial black sea bass quota is distributed into annual period allocations that were created in consultation with commercial fishermen, and include specific times of year the fishery will be closed to ensure New York stays within its allotment. Commercial anglers in consultation with DEC Division of Marine Resources staff had selected the June 1st – July 1st closure during development of the 2016 commercial fishing regulations.

Read the full story at LongIsland.com

BILL GERENCER: Fishermen needlessly on the hook for uncertainties of stock estimates

June 2, 2016 — BOWDOIN, Maine — Proper stock assessments are the key to sound fisheries management here in New England. The current and now primarily survey-based assessments are heavy with uncertainty and always assumed to be overstated. Given the changes in the available stock assessment data created by 20 years of regulations, the uncertainty only seems to be increasing.

The fact that the R/V Bigelow, the National Oceanic and Atmospheric Administration’s primary fishery research vessel, delayed the survey this year is a significant threat to fishermen: We have been told that there are very few codfish in the Gulf of Maine, but this spring, fishermen have found it impossible to set a net in the water without catching codfish. This does not correlate well with the assessment advice.

Many boats have simply tied up to avoid codfish. The late start taken by the survey cruise has most likely missed significant codfish “data” as the research vessel remained at the dock.

Even with an on-time start, the survey method employed by the R/V Bigelow covers only a tiny sliver of the available fishing bottom and puts the survey gear on the bottom for a very short time during trips made in the spring and fall. The R/V Bigelow has also become famous in the fishing community for its demonstrated inability to catch cod and flatfish alongside commercial vessels catching those species and in areas fishing boats declared off limits to themselves because of the presence of codfish.

The low annual catch limit for codfish is tied directly to the low numbers provided by the most recent stock assessments. The low limit has resulted in small codfish allocations to each commercial fishing boat. Once a boat harvests its cod allocation, it will be prohibited from fishing for the duration of the fishing year even if it has significant allocation of other species.

Read the full opinion piece at the Portland Press Herald

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