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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

 

Pacific Seafood sues government calling fishery quota restrictions illegal

December 8, 2015 — California-based groundfish catcher and processor Pacific Seafood Group has sued the US government seeking to overturn what they say are “illegal” regulations that threaten the company’s future.

A company subsidiary, Pacific Choice Seafoods, which operates a processing plant as well as vessels that fish the Pacific Coast groundfish limited-entry trawl fishery, filed suit on Dec. 4 in a northern California federal court against the National Marine Fisheries Service (NMFS) and its ultimate overseer, US commerce secretary Penny Pritzker.

The company wants the court to overturn four NMFS regulations established in 2010 upon recommendation of the Pacific Fishery Management Council that set up an individual fishing quota (IFQ) system for the fishery.

This includes a measure known as the “aggregate control limit” which restricts the amount of quota shares permit holders can possess to 2.7% of all quota shares held by all permit holders in the fishery, according to the lawsuit. The rules stated that quota holders had to divest shares in excess of the limit by Nov. 30, 2015.

Read the full story at Undercurrent News

 

NOAA chief tells lawmaker: No one will ‘coerce the scientists who work for me’

November 24, 2015 — The Obama administration is continuing to resist efforts by a top House Republican to gain access to the internal deliberations of federal scientists who authored a groundbreaking global warming study the lawmaker is investigating.

In response to a threat from House Science Committee Chairman Lamar Smith (R-Tex.) to subpoena Commerce Secretary Penny Pritzker, the head of the National Oceanic and Atmospheric Administration told Smith in a letter Friday that her staff will not be influenced by political interference.

“I have not or will not allow anyone to manipulate the science or coerce the scientists who work for me,” Administrator Kathryn Sullivan wrote.

“If the committee doubts the integrity of the study,” Sullivan wrote, “it has the tools it needs to commission a competing scientific assessment.”

Sullivan was responding to Smith’s claim last week that the climate study, published in June in the peer-reviewed journal Science, was “rushed to publication” over the objections of some NOAA scientists.

Read the full story at the Washington Post

 

Members of Congress urge disaster relief for Dungeness crab fishermen

November 25, 2015 — In a bit of good news for California’s beleaguered crab fishermen, four members of Congress announced Tuesday they would call for federal disaster relief in the unlikely event the state’s commercial fishing season for Dungeness crab is canceled altogether.

In a letter to Gov. Jerry Brown, the representatives urged the governor to “stand ready” to ask U.S. Secretary of Commerce Penny Pritzker to provide compensation to fishermen and businesses if the crab season — postponed indefinitely Nov. 6 because of high levels of a biotoxin called domoic acid — is wiped out.

The congressmen and congresswomen who signed the letter — Rep. Lois Capps, D-Santa Barbara; Rep. Sam Farr, D-Carmel; Rep. Jared Huffman, D-San Rafael; and Rep. Jackie Speier, D-Hillsborough — represent coastal communities affected by the closure. Last season fishermen earned nearly $67 million from Dungeness crab in California.

Read the full story at San Jose Mercury News

Mass. Governor, Congressional Delegation to Obama Administration: Fund At-Sea Monitoring for New England Fishermen

WASHINGTON (Saving Seafood) — August 20, 2015 — Massachusetts Governor Charlie Baker, Senators Elizabeth Warren and Ed Markey, and all nine Members of Congress from Massachusetts have called upon the Obama Administration to reverse recent policy decisions and continue the funding of at-sea monitoring for Northeastern fishermen. While the agency currently funds at-sea monitors, fishermen will have to assume the full cost of the program beginning this year, which the industry contends they will be unable to afford.

In a letter to Commerce Secretary Penny Pritzker and the Chairs and Ranking Members of the House and Senate Appropriations Committees, Governor Baker and the Massachusetts Congressional delegation expressed “serious concern over recent actions taken by the National Oceanic and Atmospheric Administration.” The signatories are especially critical of the agency’s current at-sea monitoring policy, specifically its plan to shift funding of the program from NOAA onto fishermen, noting that such a move could potentially bankrupt the industry.

The Republican Governor and the all-Democratic Congressional delegation have joined forces to criticize the Administration decision and the heavy costs that individual fishermen are likely to incur as a result of this policy, especially in light of the fact that fishermen are still recovering from the federal economic disaster declared by the Commerce Department in 2012.

Citing a NOAA analysis of the transfer, the letter notes that monitors will cost the fishery $2.64 million in the first year alone, and would lead to an estimated 60 percent of the vessels in the fishery operating at a loss. According to the Governor and legislators, this amounts to an “unfunded mandate that could lead to the end of the Northeast Groundfishery as we know it.”

At its June meeting, the New England Fishery Management Council requested that NOAA take administrative actions to “improve the efficiency of the program,” as well as “reduce costs of the [at-sea monitoring program] without compromising compliance” with current laws. In its response to the Council, NOAA rejected these requests, stating that they were not “consistent with current regulatory requirements and statistical standards.”

The Gloucester, Massachusetts-based Northeast Seafood Coalition, which represents a significant percentage of the groundfish fleet, criticized NOAA’s decisions, while coming out in support of efforts by Gov. Baker and Congress to force a change in agency policy.

“The Council has questioned the benefits and the costs to the groundfish fishery of the at-sea monitoring program, and has given their clear directive to the Agency to either suspend or make the existing program more cost effective,” said Jackie Odell, Executive Director of the Northeast Seafood Coalition. “All requests made to date have received an astounding ‘no’ from NOAA. The Northeast Seafood Coalition strongly supports the requests made by the Council, Governor Baker and Members of Congress. When is enough, enough?”

In addition to Secretary Pritzker, the letter was sent to Sens. Thad Cochran and Barbara Mikulski, and Reps. Hal Rogers and Nita Lowey. Gov. Baker and Sens. Warren and Markey are joined by Reps. Richard Neal, Jim McGovern, Michael Capuano, Stephen Lynch, Niki Tsongas, William Keating, Joseph Kennedy, Katherine Clark, and Seth Moulton as signatories of the letter.

Read the letter from Gov. Baker and the Massachusetts Congressional delegation

Read the NEFMC’s request to NOAA on at-sea monitoring

Read NOAA’s rejection of the NEMFC’s at-sea monitoring request

 

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