Saving Seafood

SALEM NEWS: Cashes Ledge decision a victory for open government

March 29, 2016 — The decision by the Obama administration to pass on a proposal to make a large swath of the Gulf of Maine a national monument is not only a victory for fishermen. It’s also a win for those who favor open government.

News came late last week that the administration would not, in fact, use the federal Antiquities Act to make the the area around Cashes Ledge a permanent “maritime national monument” by executive decree.

Such status is set aside for for areas of outstanding scientific, cultural, conservation and aesthetic value. President George W. Bush established four and Obama expanded one, the Pacific Remote Islands Marine National Monument, according to the Associated Press.

Cashes Ledge, about 80 miles off the coast of Cape Ann, provides a habitat to sharks, dolphins and sea turtles and migrating, endangered North Atlantic right whales.

The area, more than 520 square nautical miles, is certainly worth protecting. However, there are already rules in place doing just that. The area is currently off limits to fishing, and there are no plans for that to change.

Read the rest of the column at The Salem News

NEW JERSEY: Coastal Advocates Laud Obama Decision Not To Allow Drilling Offshore

March 16, 2016 — In a victory for coastal advocates, the Obama administration yesterday decided not to open up portions of the Atlantic seaboard to offshore oil and gas drilling.

The announcement reverses a draft proposal to open up millions of acres in the mid-Atlantic and south Atlantic by auctioning off tracts for drilling, a plan environmentalists and state lawmakers here feared would threaten New Jersey’s billion dollar tourism economy.

No drilling would have occurred off the Jersey coast or the outer continental shelf, but opponents worried that a spill off Virginia where leases were to be offered for sale could adversely effect New Jersey’s coastal environment and economy, already hard hit and not fully recovered from the devastation of Hurricane Sandy.

“It’s a great day for the Atlantic Ocean and the thousands of citizens who fought to protect the coast,’’ said Cindy Zipf, executive director of Clean Ocean Action. “The sea is spared from oil drilling and the horrific consequences that Big Oil brings — pollution, spills, and industrialization.’’

In releasing a five-year program for oil and gas leasing offshore, Sally Jewell, secretary of the Department of the Interior, said the proposal allowing sales to occur in the Gulf of Mexico and off the coast of Alaska shelved a proposed sale in the mid-Atlantic and south Atlantic.

Read the full story at NJ Spotlight

Jersey Shore Rally Urges Obama Admin to #KillTheDrill, #ProtectOurAtlantic

January 31, 2016 — ASBURY PARK, N.J. – The following was released by the office of Senator Bob Menendez:

U.S. Senators Bob Menendez and Cory Booker, and Congressman Frank Pallone (N.J.-06) today were joined by over 100 local leaders, environmental and tourism groups, Jersey Shore business owners and residents at a rally on the Asbury Park boardwalk to demand action to guard the Atlantic against offshore oil and gas exploration.

The Obama Administration is currently planning to allow oil production off the coast of Virginia, the Carolinas and Georgia, putting New Jersey’s economy and shore communities at significant risk of a catastrophic oil spill.  The federal Bureau of Ocean Energy Management (BOEM) is expected to release its revised plan in the coming weeks.

“The Jersey Shore is one of our most precious natural resources, providing enjoyment for generations of New Jersey families and visitors alike.  An oil spill threatens everything we hold dear about the Shore—and we have to do everything in our power to prevent it from becoming a reality,” said Sen. Menendez.  “Let’s call Atlantic drilling what it is: another handout to the oil industry.  Oil companies don’t need another gift from the federal government.”

“We must stand united in protecting the people and economy of the Jersey Shore and the entire East Coast in the face of the potentially irreparable effects from drilling in the Atlantic,” said Sen. Booker. “Knowing full well the devastating economic and environmental dangers associated with catastrophic oil spills like Deepwater Horizon, we simply can’t stand idly by while our region is exposed to the same risk.”

“Allowing offshore drilling in the Atlantic would inevitably set the stage for another man-made environmental catastrophe—this time, off the Jersey Shore and up and down the East Coast,” said Rep. Pallone. “We know that the technology to drill safely does not exist and that the effects of a spill would be devastating and long-lasting.  I have said time and time again that we cannot jeopardize our state and regional economies, our environment, and our marine life to pursue a dangerous and outdated energy policy.  I urge the Administration to think twice before allowing Big Oil to endanger New Jersey’s environmental and economic well-being.”

Read the full story at Atlantic Highlands Herald

 

New Dietary Guidelines Crack Down On Sugar. But Red Meat Gets A Pass

January 7, 2016 — With January comes lots of diet advice.

And today comes the official advice from the U.S. government: The Obama administration has released its much-anticipated update to the Dietary Guidelines.

The guidelines, which are revised every five years, are based on evolving nutrition science and serve as the government’s official advice on what to eat.

One concrete change: Americans are being told to limit sugar to no more than 10 percent of daily calories.

As we’ve reported, lots of Americans consume up to 22 teaspoons a day. To meet the new 10 percent target, they’d need to cut their sugar intake by nearly half — to no more than 12 teaspoons a day on a 2,000-calorie daily diet.

These two muffins each contain 35 grams (about 8 teaspoons) of sugar. Add in a cup of sweetened blueberry Greek yogurt (18 grams, or about 4 teaspoons, of sugar) and you’ve got 22 teaspoons of sugar – the amount many Americans eat per day. Under the new Dietary Guidelines, we should eat no more than 10 percent of daily calories from sugar. On a 2,000-calorie daily diet, that’s about 12 teaspoons.

Over the past five years, a growing body of evidence has linked high levels of sugar consumption to an increased risk of Type 2 diabetes and heart disease, even among Americans who are not overweight or obese.

Much of the dietary advice included in the new guidelines will sound very familiar and remains unchanged from 2010. For instance, there’s a focus on consuming more fruits and vegetables, more fiber and whole grains, and less salt.

Read the full story and listen to the audio at NPR

 

NORTH CAROLINA: Environmental issues roll into 2016

January 1, 2016 — Offshore drilling draws opponents

After a year of growing opposition from coastal communities against offshore drilling off the North Carolina coast, close watch will be kept on decisions in Washington in the upcoming year.

The Obama Administration is expected to release its proposed Atlantic oil leasing plan in early 2016.

To date, 93 communities along the Atlantic coast have gone on record against offshore oil and gas exploration activities.

That number includes several in the local area:

In Onslow County, the towns of Holly Ridge, Swansboro and Surf City have adopted resolutions.

In Carteret County, Emerald Isle, Morehead City and Beaufort have adopted resolutions opposing offshore drilling; and Atlantic Beach councilmen agreed to a resolution to be formally adopted this month. The Carteret County Chamber of Commerce and Tourism Development Authority have also taken a stance against it.

Read the full story at Jacksonville Daily News

Water, Power and Oceans: A Year in Review – Protecting and Promoting Fishing Access

December 21, 2015 — The following was released by the House Subcommittee on Water, Power, and Oceans:

Through conducting oversight of the Obama Administration’s actions and through key marine resource management reforms, Subcommittee Republicans remain dedicated to preserving American’s access to our domestic offshore waters.

In June, the House of Representatives passed H.R. 1335, the “Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act.” This bill, introduced by Rep. Don Young (AK-At Large), makes key reforms to the Magnuson- Stevens Act – the primary law regulating federal fisheries management. H.R. 1335 increases transparency in federal fisheries agency decisions, empowers regional decision-making, and improves recreational fishing data and access through requiring state data into federal assessments. The bill also ensures access to marine resources by affirming that the Magnuson-Stevens Act shall remain the ultimate authority over federal fisheries management even within the bounds of a Marine National Monument or Marine Sanctuary. Hundreds of organizations support the bill, which is pending in the Senate.

Despite National Park Service estimates on low fish availability, Chairman Bishop and his crew caught 48 fish in 70 minutes in Biscayne Bay, Florida. Source: House Natural Resources Republicans

Gaps in fisheries science and management decisions are not the only issues impacting access to marine resources. This past year alone, the Administration has entertained a series of executive actions and agency rules that inhibit fishing access, often without even securing the support of local entities or states.

This was apparent in June when the National Park Service released the final General Management Plan for Biscayne National Park in Florida, which included 10,502 acres in state waters that would be closed to all commercial and recreational fishing – despite opposition from the State of Florida and others. In August, the House Committees on Natural Resources and Small Business held a joint oversight field hearing in Homestead, Florida to review the plan.

Highlighted in this hearing was H.R. 3310, a bill introduced by Rep. Ileana Ros-Lehtinen (FL- 27) that aims to avoid future situations like the one in Biscayne National Park by preserving a state’s right to manage the lands and waters within their jurisdiction. The text of H.R. 3310 was incorporated into H.R. 2406 in October by an amendment offered by Rep. Amata Radewagen (American Samoa). A number of fisheries organizations supported the amendment and H.R. 3310. You can find more information about this amendment and the markup here.

The Administration is considering additional ideas to close off further access. In September, the Subcommittee held an oversight hearing on a proposal being considered by the Administration to create the first Marine National Monument in the Atlantic, off of the coast of Cape Cod, Massachusetts. During this hearing, Subcommittee members heard of a September 15 Town Hall meeting hosted by the National Oceanic and Atmospheric Administration (NOAA), which one witness characterized as a “charade,” as so few details regarding Representatives Lee Zeldin and Tom the proposal  had been made public at that time. Full Committee Chairman Bishop and Subcommittee Chairman Fleming and others subsequently sent a letter to NOAA and the Council on Environmental Quality echoing bipartisan requests for additional information regarding the proposal as well as additional opportunities for local input. Three months after the Town Hall meeting, the Administration has yet to release any additional information, including coordinates or maps, of the designation under consideration.

Representatives Lee Zeldin and Tom MacArthur and Chairman Rob Bishop in Long Island, New York. Source: House Natural Resources Republicans

The economic impacts of the potential Marine National Monument were also discussed at a December oversight field hearing in Long Island, New York, where the Natural Resources Committee and Rep. Lee Zeldin (NY-01) heard firsthand about the impacts of federal decision-making on public access and regional economies. This hearing highlighted the crucial reforms to federal fisheries management made by H.R. 1335 and the assurances that these provisions would give to the recreational and commercial fishing industries. Witnesses from the local commercial, recreational, and charter-for-hire industries expressed their support for reforms within the bill that increase transparency in federal decision-making and require greater incorporation of state and regional input.

The Subcommittee has also held hearings on specific bills aimed at regional fisheries issues in 2015. During a July 23 legislative hearing, the Subcommittee heard from fishermen, tribes, and the Administration about two necessary bills introduced by Rep. Jamie Herrera Beutler (WA-3) to preserve fishing access on the west coast: H.R. 564, the Endangered Salmon and Fisheries Predation Prevention Act of 2015, and H.R. 2168, the Dungeness Crab Management Act. To assist the recovery of Endangered Species Act (ESA) listed salmon in the Columbia River watershed and to protect tribal ceremonial, subsistence and commercial fisheries, H.R. 564 authorizes the U.S. Secretary of Commerce to issue expedited permits authorizing states and tribes to lethally take non-ESA listed sea lions under certain conditions. Fishermen and tribal leaders testified that this additional authority was necessary as sea lions have inhabited the lower Columbia River and have been ravaging ESA listed species of chinook, steelhead, coho, and chum salmon. During this hearing, the Subcommittee also heard unanimous support from the panel of witnesses for H.R. 2168, a bill to make permanent the long standing tri-state (Washington, Oregon and California) Dungeness crab management authority in place since 1980. H.R. 2168 passed the House of Representatives on October 6 and is pending in the Senate.

Sea Lion eating ESA listed Salmon in the Lower Columbia River. Source: Columbia River Inter-Tribal Fish Commission

The Subcommittee also held a hearing on H.R. 3094. As introduced by Rep. Garret Graves (LA-06) and others, the bill transfers the management authority of the red snapper fishery in federal waters from NOAA to a new authority comprised of a representative of each of the five Gulf of Mexico States in response to concerns over federal accountability, decisionmaking and access. The Subcommittee heard from a wide array of witnesses representing different user groups, including States, recreational industry, commercial and charter fishermen, and restaurants.

View a PDF of the newsletter

Officials calling for more accurate fish counts

December 14, 2015 — WASHINGTON – The federal agency in charge of the nation’s fisheries should do a better job counting fish so it can develop proper catch limits for recreational anglers, a report by Congress’ investigative arm concludes.

The analysis by the Government Accountability Office was requested nearly three years ago by several Republican senators from the Gulf Coast who believe the Obama administration may have been overly restrictive in imposing catch limits on several popular fish, including red snapper.

The GAO report says the National Marine Fisheries Service has taken “many steps” in recent years to improve data collection but needs to adopt a master plan for counting fish in a more accurate, timely and transparent manner.

For example, the agency doesn’t have a complete registry of recreational anglers, often misses some groups of fishermen while conducting surveys, lacks catch-and-discard data in areas where access to the coastal communities is limited, and needs more “shoreside observers” to improve data collection.

“Without a comprehensive strategy, NMFS may have difficulty ensuring that the variety of steps it is taking to improve data collection are prioritized so that the most important steps are undertaken first,” the report says. “Further, without communicating the strategy and NMFS’ progress in implementing it, NMFS may have difficulty building trust among its stakeholders, and these stakeholders may have difficulty tracking the agency’s efforts.”

Read the full story from USA Today at Pensacola News Journal

 

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

House Panel Supports Efforts to Safeguard Atlantic Coast Fisheries Access, Protect Against Obama Administration’s Potential Unilateral Fisheries Closures

December 7, 2015 — RIVERHEAD, N.Y. – The following was released by the House Committee on Natural Resources: 

Today, the House Committee on Natural Resources held an oversight field hearing in Riverhead, NY on public access to Atlantic fisheries and the impact and implementation of federal decision-making on the commercial and recreational fishing industry and local economies.  The panel received testimony from fisheries stakeholders and a representative from the National Oceanic and Atmospheric Administration (NOAA).

One focal point of the hearing was the possible designation by the Obama Administration of National Marine Monuments along the Atlantic Coast using the Antiquities Act, which would deny public input and usurp established habitat and fisheries management plans. Commercial and recreational fisheries stakeholders before the panel supported Committee efforts to ensure public input in future potential designations.

“I know firsthand what happens when a President abuses the Antiquities Act against the wishes of local residents as a means of shutting off multiple uses of lands and waters. There’s a reason we have laws on the books to ensure federal management decisions are informed by experts at the regional level, in full consultation with states and local users – not under the cover of darkness,” Committee on Natural Resources Chairman Rob Bishop (R-UT) said.

“Fishing and the maritime economy have been a key part of the economy, culture, and history of Long Island for centuries. Now more than ever our fisheries and the dedicated men and women who work in this important industry face challenges that must be addressed,” stated Rep. Lee Zeldin (R-NY) during opening statements. “And now more than ever we must strike the right balance between a strong fishing economy and protecting our critical natural resources. Fairness, transparency, and giving our fishermen and boaters a seat at the table is why we are here today.”

“Designating marine monuments is a relatively new practice that only began in 2006, with a monument designation larger than all of America’s National Parks combined, approximately the size of Germany,” Rep. Tom MacArthur (R-NJ) said during the hearing. “I find it particularly troubling that there is no concern given to local fish and wildlife commissioners or the state and local elected officials when sites are considered. There are serious implications to this designation and local communities should be involved in these designations, rather than a decree from Washington.”

In recent months, Members of Congress on both sides of the political aisle have voiced opposition to the potential Marine Monument designations and called upon the Obama Administration to seek local input on any potential actions.

Earlier this year, the House passed H.R. 1335, a bill to reauthorize and modernize the Magnuson-Stevens Act (MSA), the primary federal law that governs federal fisheries management.  This bill makes key reforms to reflect scientific advancements and regional needs, and includes provisions to ensure that state and local interests are protected from future Marine Monuments designated under the Antiquities Act.

Click here to view witness testimony. Video footage of the hearing will be available here later today.

Read the release here

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