Alerts

 In a letter to staff, NOAA Administrator, Dr. Jane Lubchenco, has announced that she will leave her post in February.

The text of her letter follows:

December 12, 2012
 

Dear NOAA Family,

I write to let you know that I have decided to return to my family and academia at the end of February. I am immensely proud of all we have accomplished in the last four years and know full well that we have been able to do so much only because of your impressive talent and dedication. It has been a special privilege to serve as Administrator and work with all of you.  

As many of you know, my home and family are on the West Coast. I'm deeply grateful for the support and love of my family, but as wonderful as Skype is for staying in touch, it is not a viable long-term arrangement!

As I reflect on my time with you, I'm delighted with all we've been able to do – big and small. The list is far too long for complete enumeration here, but I've listed 20 of our top achievements below. I invite you to share with me your top-tier list, as well as any especially memorable moments or photographs from the work we have done together.

We've tackled some big challenges together. Through an emphasis on transparency, integrity, innovation, team work and communication, we have made significant progress on multiple fronts. As you know, NOAA's breadth is one of our greatest challenges, but it's also our great strength. Both are in evidence below. Our notable progress includes (in no particular order!):

1.    Ending over-fishing, rebuilding depleted stocks, and returning fishing to profitability;

2.    Strengthening the Nation's environmental satellite infrastructure because it underpins national security, economic activity and public safety by providing data essential to our short- and long-term weather forecasts;

3.    Delivering life-saving weather forecasts and warnings and strengthening our ability to do so in the future through Weather-Ready Nation, dual-pol upgrades, investments in high performance computing, research, and weather satellites;

4.    Helping create the first National Ocean Policy that recognizes the value of a healthy marine environment, emphasizes collaboration between regions and the federal government and coordination across federal agencies to achieve healthy oceans, coasts and Great Lakes;

5.    Leveling the playing field for our fishermen by reforming international fishery management organizations with the adoption of management measures in line with scientific advice and with strengthened compliance and enforcement tools, and by reducing "pirate fishing" (illegal, unregulated and unreported fishing);

6.    Creating a new generation of climate services to promote public understanding, support mitigation and adaptation efforts, enable smart planning, and promote regional climate partnerships;

7.    Investing in coastal communities and their future resilience through more strategic and better integrated conservation and restoration;

8.    Better serving recreational anglers and boaters by convening a saltwater sport fishing summit, developing a recreational fishing action agenda and ensuring follow through on key commitments;

9.    Strengthening science with our first Scientific Integrity Policy, doubling the number of senior scientific positions, establishing a new Council of Fellows, reinstating the Chief Scientist position, supporting AAAS and Sea Grant Fellows and promoting climate, fishery, ocean acidification, weather and ecosystem science;

10. Responding effectively as "one-NOAA" to disasters such as Deepwater Horizon, the Japanese earthquake/tsunami/radiation/marine debris catastrophe, Hurricanes Irene, Isaac and Sandy, including helping open ports and waterways, survey coasts, and rebuild and restore communities and coastlines to enhance resilience in the future;

11. Bringing experience, scientific and legal expertise to bear on the federal response to the Deepwater Horizon catastrophe (as detailed in two papers in the latest issue of the Proceedings of the National Academy of Sciences), jumpstarting Gulf restoration efforts through partnerships and the Trustee Council, and assessing the full impact of the disaster on natural resources with the goal of holding responsible parties accountable and restoring Gulf ecosystems, communities and economy to health;

12. Championing NOAA's lean, but effective, education program that plays a unique role in providing atmospheric and oceanographic education to young and old and making NOAA-related sciences more accessible to underrepresented groups;

13. Creating NOAA's first Aquaculture Policy and a National Shellfish Initiative and using science to ameliorate short-term impacts of ocean acidification on shellfish;

14. Setting a stronger course for endangered species conservation in places like California's Central Valley and the Columbia River and in the ocean, e.g., for coral conservation.

15. Streamlining regulations to save taxpayers time and money and improve efficiency, for example in fisheries regulations and shellfish aquaculture permitting;

16. Increasing effectiveness and decreasing costs of corporate services such as acquisitions and IT, for example by migrating our communication systems to the cloud to enhance functionality, strengthen security and reduce costs

17. Developing and implementing a "One-NOAA" Arctic Vision and Strategy and Task Force to address environmental, social, economic and safety issues emerging in the fragile Arctic region, including mapping to support new safety, a precautionary fishery management plan, launching the Arctic ERMA tool, and innovative research and data partnerships to improve science-based decision-making;

18. Strengthening NOAA's fishery enforcement program by implementing policy, oversight, personnel and procedural changes to increase effectiveness and transparency;

19. Embracing social media, effective communications and communications training to share NOAA science, information and decisions with our diverse constituents, stakeholders and partners – including creation of NOAA's and my Facebook pages, multiple NOAA Twitter accounts, and use of crowd-sourcing to digitize old weather records; and

20. Ensuring all our policies, regulations and statements are consistent with the law and legal best practices.
 
All this and more for less than a nickel a day from each tax payer – now that's a bargain!

Much of this progress required integration of efforts across line and staff offices and with a wide variety of partners and stakeholders. Our One-NOAA approach has proven its power time and again.

I am well aware of how much work lies ahead. But because I have experienced your impressive talent and your deep-felt dedication to our mission, I am confident that you will continue to tackle problems and devise creative solutions.

I'm proud to have been part of your mission. And I am grateful to Acting Secretary Rebecca Blank and her capable staff and numerous members of Congress for their staunch support for our mission. I appreciate the President's confidence in me and the invitation to be part of his science team and serve at the helm of the Nation's spectacular ocean, climate, weather and coastal agency. 

But most of all, I appreciate the opportunity to work with all of you. I will miss you, but know you will continue devoting your energy and talent to fulfill our mission. I wish you all a joyous and peaceful holiday season and New Year.

Sincerely,

Dr. Jane

 

 

Since its publication this fall, the Menhaden Fishery Coalition's Faces of the Menhaden Fishery booklet has made its way along the Atlantic coast to members of the public, government officials, and the media. But we want to be sure that as many folks as possible hear about this exciting project, so we've launched a website.

Faces of the Menhaden Fishery tells the story of residents of small, hardworking towns along the Atlantic coast who make their living just as those before them. Taught to value hard work and their family's name, they set off from shore early each morning, like their ancestors, in search of an abundant, yet highly valued catch: the Atlantic menhaden.

Faces of the Menhaden Fishery features portraits, infographics, and a narrative explaining the realities of the menhaden fishery's status, both with regard to its struggles amid current regulation and in contrast to the claims of the fishery's opponents.

We wanted to share with you the news of this website's launch, and invite you to share it with family, neighbors, and colleagues either by forwarding it, or using the Facebook, Twitter and other sharing buttons below.

Now, more than ever, it is crucial that we work together to protect and maintain this vital industry. 

Sincerely,
 
The Menhaden Fisheries Coalition
Richmond, VA

 

 

The discussion will center on regulation of the fishing industry, and the U.S. Commerce Department's issuance of a commercial fishery disaster determination in the Northeast.

December 7, 2012 — This week on Urban Update, Boston Channel 7 WHDH news magazine, Host Byron Barnett will lead a panel discussion on the commercial fishing industry in New England.  The discussion will center on regulation of the fishing industry, and the U.S. Commerce Department’s issuance of a commercial fishery disaster determination in the Northeast.

Barnett will be joined by Jon Mitchell, the Mayor of the City of New Bedford; Chris Basile, President of the Boston Fisheries Foundation; Dr. Les Kaufman, Professor of Biology at Boston University and Marine Conservation Fellow at Conservation International; and Dr. David Pierce, Deputy Director of the Massachusetts Division of Marine Fisheries. Urban Update will air at 11:30am on Sunday, December 9th, immediately following Meet the Press.

 

 

House Science Investigations and Oversight Subcommittee Chairman Paul Broun, M.D. requested the release of two unredacted reports reviewing potential abuses by NOAA personnel toward individuals in the fishing industry. Yesterday, Senator John Kerry, Chairman of the Senate Foreign Relations Committee, and a Massachusetts Democrat,  urged the immediate release of the most recent Swartwood report.  The first Swartwood report was released in redacted form in 2011.  

Judge Swartwood completed one report in 2011, and the second was completed earlier this year, but DOC has yet to release the second report.  Several troubling concerns raised in the first report have prompted Chairman Broun to question the delay.  Concerns from the 2011 report include:

"First, there is a siege mentality throughout the fishing industry.  Fishermen and fish dealers believe that they are treated like criminals…"

"In this Report, I have documented several cases of aggressive enforcement by NOAA personnel that have resulted in the OIG investigation, my investigation and the consequent recommendation of relief for several fishermen and fish dealers…"

"It is a common belief among fishermen on the East Coast that there is little or no chance of success before a Coast Guard ALJ [Administrative Law Judge] and that NOAA and the Coast Guard ALJs work hand-in-hand…This perception is not lessened by the fact that both parties can appeal the ALJ decision to the NOAA Administrator. There is little or no confidence in the NOAA Administrator's neutrality on such an appeal…"

"These are serious issues," said Chairman Broun.  "In my letter to Acting Secretary Rebecca Blank, I have also identified other areas of concern to the Committee relative to NOAA, a bureau within the DOC, involving personnel issues.  The Investigations and Oversight Subcommittee's involvement and requests for information in the other cases have generated incomplete or no responses.  It is my hope that as the head of the Department with jurisdiction over NOAA, Acting Secretary Blank will set an example and provide Congress with the unredacted second Special Master's Report, along with the unredacted copy of the first report completed in 2011."

"Moreover, Dr. Blank's compliance will have the added benefit of helping to make the case for this Administration's commitment to transparency in its federal agencies," Chairman Broun continued.  "Conversely, if she declines to be responsive to a congressional request for information, it will raise serious questions about the Judge's findings regarding NOAA's enforcement program," Chairman Broun concluded.
 
 

Read Chairman Paul Broun's letter to Acting Commerce Secretary Rebecca Blank

Read the redacted version of the first Swartwood report as released by the Department of Commerce in 2011

 

 

 

WASHINGTON — Senator John Kerry, in a letter to U.S. Department of Commerce Acting Secretary Rebecca Blank, urged the immediate release of the most recent report of Special Master Charles B. Swartwood, a report commissioned as a result of an investigation made at Sen. Kerry's behest.

December 15, 2012 — "In light of a declared fishery disaster, we must do all that we can to assist our fishermen. It is more important now than ever that our government agencies work cooperatively and rationally with our fishermen to ensure the success of new management systems,” said Sen. Kerry. “The perceived delay in releasing the report has resulted in further eroding of public trust in the agency.  Again, I urge you to release Special Master Swartwood’s report.”
 
The full text of Senator Kerry’s letter is below:
 
December 5, 2012
 
The Honorable Rebecca Blank
Acting Secretary of Commerce
U.S. Department of Commerce
1401 Constitution Avenue, N.W.
Washington, D.C. 20230-0002
 
Dear Acting Secretary Blank:
 
I continue to await public release of the most recent report of Special Master Charles B. Swartwood regarding allegations of abuse by NOAA employees.  I renew my request that the Department of Commerce publicly release it immediately, or at the very least, no later than the end of this year. I sent the first letters to NOAA regarding enforcement issues in 2009 and I strongly believe the agency must be transparent in the transgressions that have occurred and move to resolve them quickly to begin to rebuild its relationship with our fishermen.
 
It is my understanding that Special Master Swartwood’s report has been completed and may contain crucial additional information about victims of abuse and injustice at the hands of NOAA Office of Enforcement personnel. After the Inspector General report showed that our fishermen had been intimidated and penalized egregiously, I introduced the Fisheries Fee Fairness Act of 2011, to help reimburse the legal fees of fishermen abused by NOAA. I continue to consider appropriate changes to the NOAA enforcement structure, but in order to make those changes, it is critical that all information related to the issue is made public in a timely manner.
 
In light of a declared fishery disaster, we must do all that we can to assist our fishermen. It is more important now than ever that our government agencies work cooperatively and rationally with our fishermen to ensure the success of new management systems.  The perceived delay in releasing the report has resulted in further eroding of public trust in the agency.  Again, I urge you to release Special Master Swartwood’s report.
 
Thank you for your attention to this matter.
 
Sincerely,

 
John F. Kerry

 

The United States Court of Appeals for the First Circuit has ruled against the cities of New Bedford and Gloucester and industry plaintiffs in their challenge to Amendment 16, the framework for the federal government's fisheries catch share system.

November 28, 2012 — The following is an excerpt from the decision.

 
This case involves legal challenges to recent federal management actions taken in New England's sensitive Multispecies Groundfish Fishery. We reject the many challenges and affirm entry of summary judgment for the federal defendants.

Under the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1884, the New England Fishery Management Council ("N.E. Council") regulates fishery resources within the federal waters off New England's coast. It does so primarily through Fishery Management Plans ("FMPs"), which it reevaluates biennially in light of the latest scientific information and congressionally imposed mandates and deadlines to prevent overfishing. Those mandates and deadlines were recently altered by the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, Pub. L. No. 109-479, 120 Stat. 3575 (2007), which introduced a suite of stringent protections for depleted fisheries.

This litigation centers on the N.E. Council's adjustments to the FMP governing the Northeast Multispecies Groundfish Fishery ("Fishery"). The N.E. Council was required by law to implement changes to the Fishery's 2004 FMP by the 2010 fishing year, taking into account both the Reauthorization Act's new protections and the results of a study conducted in 2008 on the health of the Fishery's stocks of fish. The study results showed that the situation was worse than previously believed. A number of groundfish stocks were overfished and subject to overfishing; only two stocks had improved since the 2004 FMP's implementation. This trend has continued to the present.1

The N.E. Council adopted a new proposed groundfish FMP, Amendment 16, after 3 years' work, which included several publications in the Federal Register, eight public hearings, and receipt of numerous comments. The federal environmental impact statement prepared for Amendment 16 acknowledged the severe economic hardships facing New England's fishing communities.

On January 21, 2010, Amendment 16 was upheld on administrative review by the National Marine Fisheries Service ("NMFS") of the National Oceanic and Atmospheric Administration ("NOAA") within the U.S. Department of Commerce. The NMFS promulgated Amendment 16 through three related sets of regulations that, inter alia, altered and expanded the Fishery's preexisting "sector allocation program" and established new restrictions on fishing activities to end and prevent overfishing. These regulations took effect on May 1, 2010.

Plaintiffs then filed suit in federal court alleging that Amendment 16 conflicts with the Reauthorization Act's provisions governing "limited access privilege programs," 16 U.S.C. § 1853a, with the ten "national standards" applicable to all FMPs, id. § 1851(a)(1)-(10), and with the requirements of the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. They unsuccessfully sought to enjoin implementation of Amendment 16. The district court granted summary judgment for defendants as to all claims. City of New Bedford v. Locke, No. 10-10789-RWZ, 2011 WL 2636863 (D. Mass. June 30, 2011). We affirm. 
 
Read the official ruling here
 
Read the background on the case and appeal here 

 

 

Monty Deihl, who directs fishing operations for Omega Protein in Northumberland County, Virginia, has written two opinion pieces on the menhaden fishery which were published over the Thanksgiving holiday.

November 27, 2012 — In the Fredericksburg (Virginia) Free Lance-Star, Mr. Deil argues that "while the environmental advocacy community claims these precipitous cuts are necessary to conserve the resource, the truth is much more nuanced."

And in the Roanoke (Virginia) Times, Mr. Deil engaged in a "point-counterpoint" with Chris Moore of the Chesapeake Bay Foundation.

Menhaden: Not overfished, not endangered
by Monty Deihl

Environmental organizations, including local groups such as the Chesapeake Bay Foundation, have taken this opportunity to push for sharp catch reductions. The CBF advocates an immediate 25 percent reduction in harvests, while Pew Environment is pushing for an even steeper 50 percent cut.

In 2010, an ASMFC stock assessment found that menhaden were experiencing overfishing, meaning that, in 2008 (the last year of the assessment) fishing exceeded the ASMFC's designated mortality limit. This triggered the management process culminating in this December's prospective catch limits.

But the recent history of the fishery has not been marked by a pattern of over-exploitation: In 2008 overfishing was slight (0.4 percent over the limit), and this was only the second time in the period from 1993 to 2008 where it had even occurred. The stock fared even better in measures of fecundity (the number of eggs produced). The assessment found the population was producing more than enough eggs to sustain itself, meaning it was not overfished.

Further complicating the management process is the 2012 assessment. While it concluded that overfishing was still occurring but that the population was not overfished, the assessment was regarded by the ASMFC's Menhaden Technical Committee as severely flawed, especially in its pessimistic estimations of menhaden biomass and fishing mortality.

The committee found that these flaws were so bad that the assessment was unfit for management advice. As a result, officials at the ASMFC are now expected to regulate a fishery whose exact status is uncertain and regarding which the last reliable data come from 2008.

Omega Protein recognizes the importance of menhaden conservation. But good conservation is based on sound science and strikes a balance between the concerns of environmentalists and the needs of fishermen whose livelihoods are at stake. Pushing for Draconian cuts despite incomplete evidence does the opposite, needlessly hurting fishing communities while not advancing long-term conservation goals.

Read the op-ed in the Fredericksburg (Virginia) Free Lance-Star

Menhaden: Point/Counterpoint

Menhaden is not overfished
by Monty Diehl

Given the lack of reliable information, a cap based on three-year average landings level could be the best option. Under that approach, harvest cuts would be about 7 percent lower than in 2011. This will allow the menhaden stock to continue its growth while fishermen and fishing communities continue to survive. In contrast, proposed cuts in the range of 20 percent to 50 percent will result in significant job loss.

Omega Protein directly provides 250 jobs, and indirectly provides hundreds more. Its annual economic contribution is $88 million in a region where dependable, good-paying jobs are scarce. It is the largest private and also the largest minority  employer in Northumberland County. The United Food and Commercial Workers Union Local 400 has asked fellow union members to support Omega fishermen.

Conservation of our marine resources is essential. But good conservation is based on sound science. Federal law clearly states that while preventing overfishing and rebuilding stocks, regulators are to "take into account the importance of fishery resources to fishing communities." Taking drastic action on inconclusive evidence helps neither the fish nor the fishermen.

More menhaden, more bait, more jobs
by Chris Moore

Finally, the industry uses the threat of massive job losses to argue against harvest reductions. However, there once were numerous menhaden industrial plants up and down the East Coast, employing thousands of workers. Today, with menhaden numbers the lowest on record, those fisheries have severely contracted. The Reedville plant is the only one left.

Is maintaining the status quo really the best course for the industry? In the long term, conserving menhaden will restore jobs, not destroy them.

Clearly, more aggressive steps must be taken to protect the menhaden population to enhance both the coastal ecosystem and menhaden-related jobs. The Chesapeake Bay Foundation calls upon the ASMFC to produce a robust menhaden conservation plan when it meets on Dec. 14, and for the Virginia General Assembly to approve its implementation during the 2013 legislative session.

Read the "point-counterpoint" in the Roanoke (Virginia) Times

 

 

Acting Secretary of Commerce Rebecca Blank today announced the determination of a fishery resource disaster to help coastal communities in New Jersey and New York.

November 16, 2012 — The following was released today by NOAA:

As part of the Administration's focus on providing those affected by Sandy with all available federal support, Acting Secretary of Commerce Rebecca Blank today announced the determination of a fishery resource disaster to help coastal communities in New Jersey and New York.

Under Section 308(d) of the Interjurisdictional Fisheries Act and Section 315 of the Magnuson-Stevens Fishery Conservation and Management Act, the Commerce Secretary can declare a fishery resource disaster and a catastrophic regional fishery disaster, respectively, which allows Congress to appropriate federal relief funds for assistance to alleviate harm resulting from a natural disaster. If money is appropriated, Commerce's National Oceanic and Atmospheric Administration will work closely with members of Congress and the governors of impacted states to develop financial assistance plans to help coastal communities and the fishing industry. While this determination will focus on coastal communities in New Jersey and New York, NOAA will continue to work with other states in the region to determine if similar assistance is needed.

"We are taking action because of the storm's devastating impact on the people who live and work in coastal communities that were hit hard by Sandy. Many of these hardworking Americans depend on a robust fishing industry to support their families and local economies," said Acting Secretary Blank. "This disaster declaration is part of a coordinated federal effort to help the region rebuild. The Obama Administration is committed to bringing all available resources to bear to support state and local partners as well as affected communities as recovery continues."

Although the extent of the damage to local commercial and recreational fisheries and coastal infrastructure is not yet known, the cascading economic and social impacts of a storm of this magnitude will likely be extensive. In 2010 alone, New Jersey and New York commercial fisheries landed almost 190 million pounds of fish, valued at more than $210 million dollars. In the same year, New Jersey and New York recreational fishermen took more than 10 million trips and caught a total of nearly five million fish.

"Communities along the East Coast were ravaged by Sandy's impacts, including the fishing industry, especially in New York and New Jersey. Fishing is the lifeblood of many coastal communities, providing jobs and recreational opportunities for millions and contributing to the food security of the nation," said Dr. Jane Lubchenco, administrator, NOAA. "This disaster declaration is the first step in supporting these industries and communities up and down the East Coast as they continue recovery efforts."

 

 

Georges Bank Yellowtail flounder has become a serious issue for New England Fishermen in both the groundfish and scallop industries. Accordingly the Fisheries Survival Fund organized an event to discuss efforts to avoid yellowtail bycatch. View Saving Seafood's coverage of the forum here .

 

Dr. Karp presented an overview of the plan, which included an outline of the the planning process, the core activities planned, and the major research objectives.

November 13, 2012 — Today, in the New England Fishery Management Council (NEFMC) meeting, Dr. Bill Karp, the recently appointed Northeast Fisheries Science Center (NEFSC) Director, presented a “Review of the Northeast Fisheries Science Center’s Draft Strategic Plan.” Dr. Karp presented an overview of the plan, which included an outline of the the planning process, the core activities planned, and the major research objectives.
 
According to Dr. Karp, the goal of the strategic plan is to document and prioritize the science activities of the Center, including evaluating places where synergies are needed, plans that need consolidation, and putting management in a better position to deal with the budget challenges expected in the next several years.

Each of NOAA's science centers is drafting a plan of this type and is seeking input from the public, but it is only a part of the planning process so far, Dr. Karp explains. Equally important is the implementation process, where each of the activities at the Science Center will be evaluated annually on their performance and their conformance to the science plan. The complete science plan will then be evaluated every five years to make sure it is up to date with fishing priorities. 

Dr. Karp then described the main activities under the science plan, including the recent “integrated ecosystem assessment," which takes into account the impacts of changing environmental conditions due to climate change. The Strategic Plan covers themes that include problems with current assessments and science discussed at last Friday’s Fishermen’s Northeast Groundfish Science Forum.

Following up comments he made at the Science Forum, Dr. Karp described how collaborative research would fit into the science plan. “Not only am I concerned and interested in briefing and exchanging with our primary partners…but that the science itself is done through partnerships," he stated. “One of the primary purposes of a strategic plan of this kind is really to fully understand how well we leverage our science with respect to the partnerships that we have, and whether there are new opportunities for partnerships for building and improving the science that is so important to us.” Dr. Karp notes that the partners he references include those in the industry, the academic community, and other federal organizations.

This was followed by a discussion of how the plan will be used to guide the Center’s work for the next five years, as well as comments by members of the Council and the public.

Listen to Dr. Bill Karp’s overview of the Northeast Fisheries Science Center’s Draft Strategic Plan and follow along with the slides. Please note: the webinar feed provided incomplete audio resulting in an abrupt start to Dr. Karp’s presentation.

Dr. Bill Karp’s review of the Center’s Draft Strategic Plan was followed by a Council member question and answer period. This portion of the discussion touched on a variety of issues including:

    •    The effect of environmental factors on fish stocks and the uncertainty that arises in stock assessment data as a result
    •    The need for public feedback on the Science Center’s Draft Strategic Plan
    •    The definition of a “healthy marine ecosystem” and “value”
    •    Human beings as an integral part of the ecosystem

Listen to Council members' comments regarding Dr. Bill Karp’s overview of the Northeast Fisheries Science Center’s Draft Strategic Plan.

The Council members' comments were followed by a public comment period, which also brought to light a variety of issues. These issues included:

    •    The inclusion of the resilience of human communities in the Science Center’s Draft Strategic Plan
    •    The development of effective and efficient science as a way of improving management
    •    The benefits of setting a multi-year fisheries management plan

Listen to the public’s comments regarding the Northeast Fisheries Science Center’s Draft Strategic Plan.