Saving Seafood

As Onerous Fees go into Effect that Threaten New Hampshire’s Fishing Industry, Sen. Shaheen Provides an Opportunity for Industry Leaders to Send a Message to Washington

March 3, 2016 — The following was released by the Office of Senator Jeanne Shaheen:

Senator Jeanne Shaheen (D-NH), the lead Democrat on the Senate Small Business and Entrepreneurship Committee, invited two prominent industry leaders in the New England fishing industry to testify at a committee hearing today. Through her leadership on the committee, Senator Shaheen was able to make New Hampshire’s struggling fishing industry a major focus of Thursday’s hearing. James Hayward and Dr. Joshua Wiersma both spoke to the enormous threat that new federal at-sea monitoring fees and existing catch limits pose to New Hampshire’s fishermen. As of the first of this month, the National Oceanic and Atmospheric Administration (NOAA) is forcing New Hampshire fishermen to pay for an at-sea observer program, which monitors catch sizes for conservation purposes. The program, which was previously paid for by NOAA, will cost fishermen an estimated $700 per day on fishing trips.

“Fishing is an integral part of New Hampshire’s economy and heritage,” said Shaheen after the hearing. “Our struggling small-boat fleet needs relief from onerous federal regulations so New Hampshire’s fishermen can continue to make a living. Catch limits and at-sea monitoring fees threaten the very existence of our fishing industry. I’m very pleased that Mr. Hayward and Dr. Wiersma took the time to inform the Senate of their first-hand experience in our region’s fishing industry.”

During the hearing Mr. Hayward and Dr. Wiersma delivered a dire warning to the Senate.

Mr. Hayward: “Time is crucial and the road we’re headed down right now is not a good one. It’s pretty much the end is near and if things aren’t changed soon, at least to some extent, the fleets going to look a lot different in thirty six month. I can assure you of that.”

Shaheen: “Will we still have any fishing in New Hampshire if we don’t see some changes from NOAA?”

Mr. Hayward: “What will happen is the infrastructure will be gone and when that’s gone, the boats will leave. The ones that want to remain will be forced out because they will have no place to offload, market or sell.”

That interaction can be watched here.

At a separate hearing today on the Senate Appropriations Committee, Senator Shaheen confronted the Secretary of Commerce Penny Pritzker with the testimony she had just heard from Mr. Hayward and Dr. Wiersma. NOAA is an agency of the U.S. Department of Commerce. Their interaction can be watched here.

Background information on Senator Shaheen’s invited witnesses:

James Hayward, President of XI Northeast Fisheries Sector, Inc.

James Hayward is a second generation commercial fisherman. He is primarily a day boat gillnet fisherman operating in the Gulf of Maine ranging from 20 to 120 miles from port. He currently owns two fishing boats located in Portsmouth Harbor, New Hampshire. He owns and manages Heidi Seafood Services, the only federally licensed groundfish dealership at the State facility in Portsmouth Harbor.  He is president of the community’s groundfish sector, XI Northeast Fisheries Sector, Inc., as well as treasurer of New Hampshire community supported fisheries, New Hampshire Community Seafood.  He is also a board member of the Northeast Seafood Coalition and the Northeast Sector Services Network, and a member of the Seafood Harvesters of America.

Dr. Joshua Wiersma, Manager, Northeast Fisheries, Environmental Defense Fund

Dr. Wiersma has over 15 years of experience working with commercial fishermen in New England to improve their business conditions. His doctoral research, which examined the value of collaborative research to New England fishermen, led him to work directly for the ground fishing industry after graduation. Initially hired by the Massachusetts Fishermen’s Partnership as a Fisheries Economist, he then worked for the Northeast Seafood Coalition as their Sector Policy Analyst where he helped to create the twelve Northeast Fisheries Sectors. He went on to manage New Hampshire’s two ground fishing sectors for the next five years.  Over this time, he also co-founded and was the Executive Director of New Hampshire Community Seafood Association, a successful community supported fishery cooperative that offers fresh, local, underutilized fish to the New Hampshire public through a type of fish share model. He is now the Manager of Northeast Fisheries at Environmental Defense Fund, where he continues to work with fishermen to shape effective fisheries management, to improve fisheries science and data collection, and to develop better seafood markets and other business opportunities.

DON CUDDY: Fishermen fight back against government overreach

January 28, 2016 — The commercial fishermen suing the federal government over the cost of at-sea monitors had their day in federal court in Concord, New Hampshire, last Thursday. At issue is the notice to fishermen that they will henceforth be required by the National Marine Fisheries Service to pay out of pocket for the at-sea monitors that accompany them on fishing trips, an expense previously absorbed within the annual budget of the National Oceanic and Atmospheric Administration. That agency contends that it no longer has the money to fund the program, although these monitors act as agents for the government, and it insists that the boats must now assume payment. Fishermen believe that the high cost of monitors, as much as $710 daily, is excessive, will force many to tie up their boats and result in “irreparable harm.” They also believe that, irrespective of the cost, having at-sea monitors on their boats is a government mandate and consequently should be funded by the government.

I attended the hearing with John Haran of Dartmouth, manager of Northeast Fisheries Sector XIII which includes 32 fishermen. Sector XIII is a plaintiff in the case along with New Hampshire commercial fisherman Dave Goethel.

The all-day hearing concluded without a ruling. Federal District Judge Joseph Laplante will issue a decision in his own time after deliberating on a legal case with potential ramifications not only for the fishing industry but with respect to any government agency’s attempt to increase its own power.

Steve Schwartz, an attorney with Cause of Action, a nonprofit based in Washington, D.C., that focuses on government overreach, represents the fishermen. He told the court that the scope of an agency’s power is determined exclusively by Congress and that NOAA lacks the statutory authority to require fishermen to pay for monitors. If NOAA can force fishermen to start writing checks, “it would open the door to a whole panoply of ways that agencies can expand their powers,” he said.

Read the full opinion piece at New Bedford Standard Times