Saving Seafood

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

 

NEW YORK: Question Science Behind Fish Quotas

December 10, 2015 — Mid-Atlantic fishermen and their advocates told four members of Congress on Monday that inaccurate stock assessments needlessly limit their catch and endanger their livelihood as the House of Representatives’ Committee on Natural Resources held an oversight hearing in Riverhead.

Bonnie Brady of the Long Island Commercial Fishing Association and Captain Joe McBride of the Montauk Boatmen and Captains Association were among those providing testimony to Representative Lee Zeldin of New York’s First Congressional District and three members of the natural resources committee. Witnesses also included representatives of fishing and seafood trade associations and a scientist from the National Oceanic and Atmospheric Administration, which manages fish species in federal waters.

At issue in the field hearing, called Restoring Atlantic Fisheries and Protecting the Regional Seafood Economy, were the science and data collection used in management of fish stocks.

Along party lines, the committee members either defended or disparaged NOAA and the National Marine Fisheries Services’ stewardship and stock assessments, from which quotas are determined. They disagreed on assessments of striped bass and fluke, for which the Atlantic States Marine Fisheries Commission and the Mid-Atlantic Fishery Management Council have recommended 2016 harvest reductions of 25 and 29 percent respectively.

Read the full story from The East Hampton Star

Overregulation threatens local fishing economies, Congressmen say

December 8, 2015 — A U.S. House of Representatives committee held a rare field hearing in Riverhead yesterday, the first time in recent memory such a committee has formally met on the East End.

A three-member panel of the House Committee on Natural Resources convened the hearing to discuss the federal policies that currently regulate the region’s fishing grounds, probing the policies’ basis in science, fishery conditions and economic impacts on the local economy with testimony and questioning  of several invited witnesses.

The committee members who conducted the hearing, hosted by Rep. Lee Zeldin (R-Shirley), heard testimony for two hours yesterday at the Suffolk County Community College Culinary Arts Institute on East Main Street.

They also discussed alternatives to what some on the four-member panel characterized as oppressive regulation that could potentially damage the region’s fishing industry.

“In my part of the world, there’s a saying that if you have no farms, you have no food,” said committee chairman Rob Bishop, a Republican congressman from Utah. “The same can be said that if you have no boating access, you have no fish.”

Bishop claimed that federal agencies like the National Oceanic and Atmospheric Administration have “ignored state and local laws, input and science” in their regulatory decisions.

Read the full story from Riverhead Local

New York State gives fishing industry extra time to seek Sandy aid

December 7, 2015 — New York State extended the application deadline for marinas, aquaculture facilities, commercial boat operators, harvesters and other fishery industry professionals to apply for superstorm Sandy recovery money.

The new deadline to apply for the Superstorm Sandy Fishery Disaster Grant is Jan. 29 and is open to businesses and individuals that lost more than $5,000 in revenue or gross income as a result of the 2012 storm.

Eligible businesses must have at least $15,000 in annual earnings and be in operation at the time of the application.

The Governors Office of Storm Recovery and state Department of Environmental Conservation will issue up to $3.6 million in grants, funded by the National Oceanic and Atmospheric Administration.

Eighty applications have been filed since the grant program was announced in September.

Read the full story at Newsday

 

CHRISTIAN PUTNAM: Transparency lacking in harmful fishing restrictions

December 7, 2015 — The National Oceanic and Atmospheric Administration and the Obama Administration are working closely with several environmental groups to “protect” vast areas of ocean off New England’s coast from the dreaded commercial and recreational fishermen.

After NOAA’s utter failure to work with the stakeholders that make up the fishing community through the National Marine Fisheries Service, rebranded NOAA Fisheries after the name became synonymous with disastrous over-regulation, it appears an even less transparent process is now underway to regulate our natural resources.

Plans have been hatched by several environmental groups that include the Conservation Law Foundation, Pew Charitable Trust, and the National Resources Defense Council to create at least one Marine National Monument in New England Waters. Potential areas include Georges Bank, east of Cape Cod, and Cashes Ledge, about 80 miles east of Gloucester.

It has been reported that direct conversations have occurred between these organizations, the administration and NOAA. The plan is to use the Antiquities Act of 1906 to allow for unilateral action by President Barack Obama to designate certain areas as national monuments from public lands to preserve their significant cultural, scientific or natural features.

Read the full opinion piece at the Scituate Mariner

NOAA Fisheries releases draft science plan for addressing release and discard mortality

November 19, 2015 — The following was released by NOAA Fisheries:

Today, we released a draft Action Plan for Fish Discard and Release Mortality Science. In it, we identified 10 actions we can take to better inform our science, reduce uncertainty, and ultimately explore opportunities for increased fishing opportunities.

Fishermen sometimes catch fish they do not want, cannot sell, or are not allowed to keep; a problem known as bycatch. This bycatch is discarded or released overboard. But how many of these fish survive?

The Action Plan will help us fill this important data gap.

NOAA Fisheries worked in consultation with outside experts to identify gaps in our understanding of how to estimate and reduce fish discard and release mortality. These gaps formed the basis for our action plan, which should help guide our scientific research to reduce fish discard and release mortality, improve our estimates of it, and incorporate those improved estimates into our stock assessments and management actions.

Improving our scientific understanding is one way we’re working to address bycatch. NOAA Fisheries is committed to finding cooperative solutions to reduce bycatch and ensure our fisheries remain sustainable.

Your feedback can help with this effort. Please take a few minutes to review the draft and share your comments with us by Friday, December 18.

Former NOAA official pushed regs that benefit his company

November 10, 2015 — The following is an excerpt from a story originally published today by Greenwire:

The head of a company that receives millions of dollars from the federal government to provide at-sea watchdogs has a long history of advocating for the strict regulations that now benefit his company.

Andrew Rosenberg wears many hats. He heads up the Center for Science and Democracy at the Union of Concerned Scientists. He is an unpaid affiliate professor of natural resources and the environment at the University of New Hampshire. He is a biologist with expertise in fisheries, once serving as the Northeast regional administrator for the National Marine Fisheries Service.

And he is the president of MRAG Americas, a consulting company that earns most of its gross revenue from NMFS.

Today, about 64 percent of the company’s gross revenue comes from providing at-sea monitors and observers to NMFS, an agency under the National Oceanic and Atmospheric Administration.

Most of that — 55 percent — comes from being the sole provider of observers for the Northeast Fisheries Observer Program (NEFOP). Those observers collect data on bycatch, or fish and mammals caught unintentionally.

But MRAG has become a sort of boogeyman among New England fishermen who face paying for the separate At-Sea Monitoring Program. MRAG is one of three companies NOAA pays for those monitors, who are put on fishing boats to ensure groundfish fishermen stay within their quotas.

In an industry with long memories, Rosenberg is known for his time at NOAA. Fishermen who remember him as a government official now bristle at the thought of paying his company for watchdogs they find unnecessary.

“It seems strange that somebody who was an assistant administrator for NOAA quits the government and turns around and has a multimillion-dollar contract for observers,” David Goethel, the operator of a 44-foot trawler called the Ellen Diane, said in a recent interview. “Fishermen think that it’s wrong.”

Rosenberg left NOAA in 2000 and bought into MRAG in 2006. He became president of the company in 2007. In a recent interview, he emphasized the time lapse between the two jobs — and denied that his company benefited from his NOAA contacts.

The contracting process was “very difficult and very rigid,” he said. The observer program is also not very profitable, he said, thanks to the costs of training and the unpredictability of how many observers will be used.

“It was a very long, drawn-out process, and in fact that’s caused us a lot of problems,” Rosenberg said, citing competition that brought down the contract’s worth. “So if I got a benefit from the inside track, it wasn’t obvious.”

Read the full story from Greenwire