Saving Seafood

17 New England Legislators Write to Support Proposed At-Sea Monitoring Reforms

January 8, 2016 — A bipartisan group of New England legislators wrote Dr. Kathryn Sullivan, the Under Secretary of Commerce for Oceans and Atmosphere, in support of the New England Fishery Management Council’s proposed At-Sea Monitoring (ASM) reforms, and to thank NOAA Regional Administrator John Bullard for his support of the Council measure.
 
Sen. Ed Markey (D-MA) wrote a separate letter on the same subject to Under Secretary Sullivan.
 
The following is taken from a release by the Office of Congressman Seth Moulton (D-MA).

Today, seventeen members of the U.S. House and Senate representing New England sent a letter to Undersecretary Kathryn Sullivan at the National Oceanic and Atmospheric Administration (NOAA) to voice strong support for the New England Fishery Management Council’s (Council) proposed At Sea Monitoring (ASM) reforms. As costs are expected to shift to the fishing industry, regional House and Senate members committed to improving the science that is used to set ASM coverage rates and safeguarding cost efficiencies. The signatories of the letter are:

Sen. Kelly Ayotte (R-NH)
Sen. Richard Blumenthal (D-CT)
Sen. Susan Collins (R-ME)
Sen. Angus King (I-ME)
Sen. Christopher Murphy (D-CT)
Sen. Jack Reed (D-RI)
Sen. Jeanne Shaheen (D-NH)
Sen. Elizabeth Warren (D-MA)
Sen. Sheldon Whitehouse (D-RI)

Rep. Michael Capuano (D-MA)
Rep. Joe Courtney (D-CT)
Rep. Frank Guinta (R-NH)
Rep. William Keating (D-MA)
Rep. Stephen Lynch (D-MA)
Rep. Seth Moulton (D-MA)
Rep. Chellie Pingree (D-ME)
Rep. Bruce Poliquin (R-ME)

“I want to thank Administrator Bullard and the Council for taking these steps to improve the At Sea Monitoring program,” said Congressman Seth Moulton (D-MA). “At a time when our fishing industry is already facing serious financial hardship, it’s critical that we implement systems that both enhance sustainable management and ensure the long-term economic viability of the fishery.”

The New England fishing community, including members of the Northeast Seafood Coalition, also expressed their support for the Council’s proposed reforms.

“It is time to use the wealth of data generated over these years to design an ASM program that is both effective and cost efficient,” said Jackie Odell, Executive Director of the Northeast Seafood Coalition. “Northeast Seafood Coalition (NSC) continues to fully support Congressional efforts to offset costs of the ASM program to the commercial groundfish fishermen, but evolving the coverage-rate methodology at this juncture is a critical step forward.”

If adopted, the Council’s reforms would be implemented for fishing year 2016.

“NSC truly appreciates the exceptional region-wide support from our Congressional representatives for the policy and analytical improvements to the ASM program recently adopted by the New England Fishery Management Council with the support of GARFO Administrator John Bullard,” said Odell. “We are particularly thankful to Congressman Moulton for his leadership in spearheading this very important letter to NOAA Administrator Sullivan,” she said.

Read the letter here

Read the letter from Sen. Ed Markey here

NOAA may move science center from Woods Hole

January 7, 2016 — GLOUCESTER, Mass.— Gloucester officials, reacting to reports that NOAA Fisheries might relocate its Northeast Science Center out of Woods Hole, want the federal agency to consider America’s oldest seaport as a potential new home for the premier fisheries science facility in the Northeast.

Mayor Sefatia Romeo Theken said Gloucester could provide the perfect setting for the science center, which employs about 240 federal and contract employees at its current 3.4-acre site on Vineyard Sound and in facilities in other parts of Falmouth.

“We’re definitely interested if that’s what NOAA decides to do,” Romeo Theken said. “We think we have everything they need here.”

The Northeast Fisheries Science Center, first built in 1885 and reconstructed in 1961 after sustaining hurricane damage, was the first laboratory of the nation’s federal marine fishery service that was established in 1871 and which evolved into the National Oceanic and Atmospheric Administration.

Read the full story at Gloucester Daily Times

 

Remains of Lost 1800s Whaling Fleet Found

January 6, 2016 — NOAA archaeologists have discovered the battered hulls of two 1800s whaling ships nearly 144 years after they and 31 others sank off the Arctic coast of Alaska in one of the planet’s most unexplored ocean regions. 

The shipwrecks, and parts of other ships, that were found are most likely the remains of 33 ships trapped by pack ice close to the Alaskan Arctic shore in September 1871. The whaling captains had counted on a wind shift from the east to drive the ice out to sea as it had always done in years past. 

The ships were destroyed in a matter of weeks, leaving more than 1,200 whalers stranded at the top of the world until they could be rescued by seven ships of the fleet standing by about 80 miles to the south in open water off Icy Cape. No one died in the incident but it is cited as one of the major causes of the demise of commercial whaling in the United States. 

Read the full story at the Marine Link

Ohio Gov. John Kasich to meet with N.H. fishermen

January 5, 2016 — SEABROOK, N.H. — Republican presidential candidate John Kasich will meet with New Hampshire fishermen Friday to discuss federal regulations some say will kill the Granite State’s fishing industry.

The Ohio governor will meet privately with commercial and recreational fishermen and industry members from 3 to 4 p.m. at Yankee Fisherman’s Cooperative after he holds a noon town hall event at the Lane Memorial Library in Hampton.

Ellen Goethel, a Hampton marine biologist and wife of Hampton commercial fisherman David Goethel, said in an email that the local fishing industry is not endorsing any particular candidate.

Read the full story at Portsmouth Herald

New Faces on the Docks: NOAA Hires Uniformed Enforcement Officers

January 5, 2016 — The following was released by NOAA Fisheries:

This year NOAA’s Office of Law Enforcement in the Northeast Division hired seven new uniformed enforcement officers in an effort to increase patrol presence with a focus on compliance assistance and education.

“OLE will continue to bolster its enforcement officer staff across the country over the next several years,” said OLE Deputy Director Logan Gregory. “Fair and effective law enforcement is critical toward protecting the commercial and recreational fishing industries, and the sustainability of our living marine resources.”

OLE’s sworn personnel are comprised of enforcement officers and special agents, each with their own distinct roles.

Enforcement officers focus on improving compliance via face-to-face interactions with industry. Through patrols enforcement officers increase NOAA’s presence, provide information about regulations directly to the fishing industry, and at-sea enforcement in conjunction with the U.S. Coast Guard and state partners. Enforcement officers focus on directly engaging with fishermen to help ensure they understand fishing regulations. Additionally, EOs handle patrol-level investigations such as landing fish in excess of possession limits or prohibited and undersized species, fishing in closed areas, illegal fishing gear and reporting issues.

 

Special agents conduct more complex and long term investigations in area such as illegal, unreported, and unregulated fishing, fraudulent mislabeling of seafood, smuggling or trafficking of threatened or endangered marine animal parts such as sperm whale teeth; and the intentional harm or attempt to harm protected marine animals such as whales, seals, and turtles.

With the area of responsibility spanning more than 3 million square miles of ocean, 85,000 miles of U.S. coastline, 13 National Marine Sanctuaries, and four Marine National Monuments, OLE has an extensive mission. OLE’s Northeast Division expects to hire and train seven additional enforcement officers in 2016. This strategic shift in staffing will increase the visibility of OLE’s programs and provide greater outreach, emphasizing prevention of unintentional violations, and education as a means to improve voluntary compliance.

“Most fishermen and seafood dealers are honest, hardworking individuals, with difficult jobs in a highly regulated industry,” said Gregory. “We are committed to helping them understand the regulations they must abide by. Increasing our patrol presence will strengthen our ability to ensure compliance assistance and education is available, while helping to ensure a level playing field for the industry.”

Meet the New Enforcement Officers

Eric Provencher, Lieutenant, North East Supervisory Enforcement Officer

Lt. Provencher began his law enforcement career in 1996 with the National Park Service, where he last served as the Deputy Chief Ranger at Delaware Water Gap before joining OLE.

Jason Berthiaume, Enforcement Officer, Gloucester, MA

Before graduating the Massachusetts Maritime Academy in 2005, Officer Berthiaume realized his interest in marine law enforcement and quickly began his career as a Fisheries Observer. From there he was hired as a Marine Patrol Officer for the state of Maine where he worked closely with the lobster industry in Stonington and other local ports. In 2009 Berthiaume transitioned to the NOAA Sustainable Fisheries Division, where he was involved with policy and regulatory development. This year he joined OLE for the face-to-face interactions with local fishermen and opportunity to help the industry navigate and comply with the complex regulations in the Northeast.

Kevin Swiechowicz, Enforcement Officer, New Bedford, MA

After completing a degree in wildlife conservation at the University of Massachusetts Officer Swiechowicz became a Wildlife Inspector for the U.S. Fish and Wildlife Service. This position afforded him the opportunity to work alongside USFWS Agents who were regulating the international and interstate trade in wildlife products. Swiechowicz became involved with investigations covering topics from sport hunted trophies originating in Zimbabwe to smuggled corals from Indonesia. Swiechowicz made the jump to OLE to assist in leveling the playing field for all industry partners.

Mark Kerr, Enforcement Officer, Portland, ME

Officer Kerr began his law enforcement career with the National Park Service in 1995, working as a Ranger at Harpers Ferry National Historic Park in West Virginia and Catoctin Mountain Park in Thurmont, Md.  Kerr served in law enforcement positions at Rachel Carson National Wildlife Refuge in Wells, Maine, and Parker River National Wildlife Refuge in Newburyport, Mass. Through these positions, Mark gained experience and expertise in wildlife law enforcement, while cooperatively working with state and local entities in the conservation field.  Kerr saw the opportunity to join OLE as a way concentrate on the preservation of marine environment.

Wynn Carney, Lieutenant, Mid-Atlantic Supervisory Enforcement Officer

Lt. Carney holds an undergraduate degree in criminal justice and a graduate degree in public administration from Georgia Southern University. He began his law enforcement career 15 years ago and has served as a Game Warden, a municipal police officer, a special agent, and Park Ranger.

Conservation of the nation’s fisheries has been a primary focus of Carney’s law enforcement career. He considers fisheries conservation to be one of his passions and views his career as much more than just a job. Carney believes his role in keeping marine resources healthy and sustainable for future generations is of the utmost importance.

Jed Fiske, Enforcement Officer, Wall, NJ

Officer Fiske graduated from the University of New Hampshire with a B.S. in Recreation Management and Policy, and a Minor in Environmental Conservation. Since graduating, he has worked as a law enforcement officer for the National Park Service and the U.S. Department of Veterans Affairs, as well as regulatory enforcement for the U.S. Army Corps of Engineers. Fiske takes pride in being able to protect our nation’s natural resources and looks forward to learning more about the commercial fishing industry.

John Ford, Enforcement Officer, Newport News, VA

Before being hired as an Enforcement Officer, Officer Ford began his career with NOAA in 2009 working on OLE’s Cooperative Enforcement Program. In his new role, Ford hopes to improve working relationships between the fishing community and marine conservation. He enjoys the opportunity to be a part of the natural resource management partnership to ensure fishing opportunities for future generations.

Read the full story from NOAA

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

 

Scallop Industry Fights Early Access To Nantucket Lightship Area

December 22, 2015 – Last week, The Fisheries Survival Fund (FSF), represented by Kelley Drye & Warren LLP, wrote NOAA Regional Administrator John Bullard, urging him to disapprove a December 3rd vote at the New England Fishery Management Council that would allow certain vessels early entry into the Nantucket Lightship area in violation of the principles of rotational closure system that has made the scallop fishery sustainable and profitable.

The vote would allow General Category scallopers access to the Nantucket Lightship area, and disallow access by Limited Access vessels. FSF says that allowing different access for different types of vessels in the scallop fleet violates laws, regulations, and the Atlantic Scallop Fishery Management Plan. FSF also argues that the vote failed to meet public notice requirements, failed to provide analysis of effects for public comment, and, as an allocation issue, requires an amendment of the Fisheries Management Plan.

Administrator Bullard himself spoke in opposition to the vote, stating “What I’m worried about is a motion like this … [takes] a chink out ofthis rotational closure and allows one group in early. And so next year, what’s the justification for someone to come in early, and the year after, what’s the rationale? And at what point do we not have the system that created the nation’s most profitable, most productive, most sustainable fishery? At what point do we look and say ‘it really isn’t a rotational closure system anymore, it’s a system where we decide who goes where at what time.'”

View the letter as a PDF

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

 

Fishermen suing feds over legality of at-sea monitoring

December 10, 2015 — A New Hampshire fisherman has filed a lawsuit in federal court against the U.S. Department of Commerce and the National Oceanic and Atmospheric Administration challenging the legality of mandated at-sea monitoring for the Northeast groundfish fleet.

David Goethel, owner of the 44-foot fishing trawler Ellen Diane out of Hampton, and Northeast Fishing Sector 13, are the named plaintiffs in the suit filed Wednesday in U.S. District Court in Concord, New Hampshire. The suit also has the backing of Cause of Action, a non-profit governmental watchdog organization.

The suit also names as defendants Commerce Secretary Penny Pritzker, NOAA Administrator Kathryn Sullivan, NOAA Assistant Administrator Eileen Sobeck and the National Marine Fisheries Service.

Last week, NOAA said it only has enough money left to fund at-sea monitoring until the end of 2015 and will shift the cost of the monitoring, estimated at $710 per vessel per monitoring day, to the fishermen sometime early in 2016.

The suit comes about a week after the New England Fishery Management Council voted to ease the level of monitoring on groundfish vessels from the current 24 percent of all trips to about 13 percent as a means of alleviating the economic impact of absorbing the at-sea monitoring costs.

Read the full story from the Gloucester Daily Times