Fishing Industry Alerts

The Providence Journal's "PolitiFact" unit investigated claims made by Pew Environment Group in advertisements they ran in several newspapers asking for a 50% cut in the menhaden harvest.

December 14, 2012 — The Providence Journal's "PolitiFact" unit investigated claims made by Pew Environment Group in advertisements they ran in several newspapers asking east coast governors to support their demand for a 50% cut in the menhaden harvest. Pew justified this demand saying "… in recent years, menhaden numbers along our coast have plummeted by 90 percent."  The newspaper found the claim to be "Mostly False".

The paper found that the "estimated number of menhaden is clearly well below the estimated population for the late 1980s. But it's currently at levels seen in the 1960s. If you want to claim a 90-percent drop, you have to compare the 2008 population to a very specific — and very exceptional — year, 1982." The following excerpt is from the paper's analysis:

The estimates over the years show two peaks and two valleys. The population was high in the 1950s. It dropped precipitously and remained low in the 1960s. Then it started rising significantly, peaking from 1976 to 1989 before falling back to the 1960-ish range during the last two decades.

If you think of "recent" as the last 10 years, the drop from 1999 to 2008 has been 43 percent, far from 90 percent, according to the chart Pew referenced.

Over the last 20 years, it's been 76 percent.

To show a drop close to 90 percent, you have to start at 1982, when the estimated number of menhaden was 20.2 billion, the second-highest ever reported, and compare it with 2008, when the population was about 2.4 billion — a drop of 88 percent.

If you started with the first year of data — 8.3 billion fish in 1955 — and compared it with 2008, you'd have a decline of 71 percent.

We also consulted with Mark Gibson, deputy chief of the marine fisheries division of the Rhode Island Department of Environmental Management.

"There's no question there's been a decline downward," he said. "But when you have a fish stock that varies up and down across time, you can cherry-pick your window across time, say it declined and get a whole bunch of people alarmed." 
 
Read the complete analysis in the Providence Journal  
 
 
The newspaper listed its sources for this analysis:

Interviews and e-mails, Jeff Young, spokesman, Pew Environment Group, Dec. 12-13, 2012

ASMFC.org, "Stock Assessment Report No. 10-02 of the Atlantic States Marine Fisheries Commission," revised March 2011, and "Atlantic States Marine Fisheries Commission 2012 Atlantic Menhaden Stock Assessment Update," July 2012, both accessed Dec. 12, 2012

Interviews, Jud Crawford, science and policy manager, Northeast fisheries program, Pew Environment Group, Dec. 13, 2012

Interview, Mark Gibson, deputy chief, marine fisheries division, Rhode Island Department of Environmental Management, Dec. 13, 2012

Roanoke.com, "Menhaden: Point/Counterpoint," The Roanoke Times, Nov. 25, 2012  

 

 

The offices of Representatives John P. Sarbanes and John Carney sent a "Dear Colleague" letter encouraging their peers in Congress to join them in supporting new catch restrictions on menhaden.

WASHINGTON (Saving Seafood) December 12, 2012 – Yesterday, the offices of Representatives John P. Sarbanes (D-Maryland) and John Carney (D-Delware) sent a "Dear Colleague" letter encouraging their peers in Congress to join them in signing a letter to Robert Beal, Executive Director of the Atlantic States Marine Fisheries Commission (ASMFC), to support new catch restrictions on Atlantic menhaden. Both letters recycle claims of environmental groups, who have been pushing for heavy cuts to menhaden harvests.  See our analysis below.
 
The policies endorsed by the two mid-Atlantic Democrats are opposed by the menhaden reduction and bait industries as well as the United Food and Commercial Workers Union Local 400 and the Maryland State Conference NAACP.

From: The Honorable John P. Sarbanes
Date: 12/11/2012

PROTECT ATLANTIC MENHADEN TO BOOST OUR COASTAL ECONOMY POST-HURRICANE SANDY

Deadline to sign onto the letter is Thursday, December 13th at noon

Dear Colleague,

Please join us in writing to the Atlantic States Marine Fisheries Commission (ASMFC), an interstate body that manages coastal fisheries, to encourage them to follow through on their commitment to protect and rebuild Atlantic menhaden, a fish that is critical to our East Coast economy and ocean ecosystem.  The recent disaster declarations resulting from Hurricane Sandy have added new challenges to the already difficult fiscal crisis, and Congress must respond with solutions that will help our coastal economies and communities recover and grow.  Protecting Atlantic menhaden is a simple, budget-neutral and environmentally- friendly way to help stimulate economic growth in East Coast communities, while preserving thousands of jobs that are dependent on a healthy ecosystem. 

Known as "the most important fish in the sea," Atlantic menhaden are an essential food for many species that live in or fly above the Atlantic Ocean, including iconic species such as striped bass, bluefish, osprey, marine mammals and tuna. Their abundance directly impacts the economic health of East Coast economies and communities, where activities such as whale watching, recreational fishing and bird-watching generate billions of dollars annually.

The population of Atlantic menhaden has declined to a historically low level, less than 10% of levels seen in the 1980s, causing significant concern amongst scientists, coastal businesses, fishermen, conservation organizations and other concerned citizens.  There is one industrial fishery for menhaden that accounts for the largest fishery by weight on the East Coast, as well as some small operations that catch menhaden for bait.  Unfortunately, overfishing of menhaden in state and federal waters has been a longstanding problem, and the ASMFC has not taken advantage of proven management tools, such as catch limits, that would put the species on the road to recovery. Given the longstanding bipartisan support for Congressional oversight of federal efforts to conserve and restore Atlantic fish, wildlife, marine mammals and habitat, the decline of Atlantic menhaden represents a serious concern that must be addressed.

Last year, at the urging of over 90,000 concerned stakeholders, the ASMFC made a historic and near unanimous decision to establish science-based management goals for Atlantic menhaden.  For the first time, the ASMFC recognized the overwhelming volume of constituents from New England to Florida that have an interest in a healthy population of menhaden, and took action to set goals in accordance with scientific advice.  On December 14th, the ASMFC has the opportunity to implement a plan to achieve the science-based goals established last year.  The public has already spoken.  Over 115,000 people called on the ASMFC to immediately manage menhaden based on the best available science with proven management tools that will enhance accountability.

Congress must take advantage of budget-neutral, common-sense opportunities that will protect and enhance economic growth in our coastal communities, including those recovering from the tragedy of Hurricane Sandy, while also safeguarding the healthy ecosystems those communities rely on. Please join us in encouraging the ASMFC to follow through on their commitments to finally end overfishing and rebuild Atlantic menhaden to healthy levels, paving the way for economic and ecosystem recovery.

If you would like to sign the letter below to the ASMFC, or if you have any questions, please contact Helena Mastrogianis (Rep. Sarbanes, ext. 5-4016) or Justin German (Rep. Carney, ext. 5-4165).

Sincerely,

 

John P. Sarbanes (MD-03)            John Carney (DE)

Member of Congress                     Member of Congress

 
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
 

Mr. Robert E. Beal, Executive Director

Atlantic States Marine Fisheries Commission

1050 North Highland Street, Suite 200A-N

Arlington, VA 22201

 

Dear Executive Director Beal:

We are writing to request that the Atlantic State Marine Fisheries Commission (ASMFC) end overfishing immediately and rebuild the Atlantic menhaden fish population as soon as possible by establishing a coastwide science-based catch limit and a firm commitment to meeting the rebuilding goals in Amendment 2. In the wake of Hurricane Sandy, our Atlantic states are working together effectively in disaster recovery efforts aimed at restoring coastal businesses and ecosystems. In the same cooperative spirit, the ASMFC should act decisively to address menhaden depletion by passing Amendment 2 with a conservation plan that will quickly and effectively rebuild this resource and secure the extensive economic and ecological benefits it provides to our region.

Atlantic menhaden support billions of dollars of recreational and commercial activity from Florida to Maine.  Menhaden are often referred to as "the most important fish in the sea" because they are a critical link in the marine food web and prey for a wide diversity of fish, birds and marine mammals, such as striped bass, bluefish, Atlantic tuna, whales and osprey.  Atlantic menhaden supports one industrial fishery and nearly all Atlantic recreational fisheries.  According to the National Oceanic Atmospheric Administration's 2009 Fisheries Economics of the United States, recreational anglers took over 43 million fishing trips along the Atlantic coast in 2009, contributing nearly $11 billion in sales to the U.S. economy, $3.7 billion in value added impacts, while supporting over 90,000 full and part-time jobs. Given the significance of Atlantic menhaden to our recreational and commercial fisheries, as well as our tourism industries, we must avoid additional risks to Atlantic menhaden and focus on rebuilding this economic engine.

Currently, Atlantic menhaden provide only a fraction of their potential benefits because the population has been significantly reduced to less than 10 percent of levels seen in the 1980s. The population is currently subject to overfishing, and has been at or above this threshold for 54 of the past 57 years.  Overfishing may continue without an overall limit on the number of menhaden that can be taken from the Atlantic Ocean.  Vast quantities of Atlantic menhaden are caught in federal waters, yet the ASMFC has not taken steps to end overfishing in the state waters over which it has jurisdiction, nor made a recommendation that the federal government implement necessary conservation and management measures in federal waters.  Specifically, the ASMFC must take decisive steps to end overfishing in accordance with scientific advice, like federally-managed fisheries which require catch limits to end and prevent overfishing.

We commend the ASMFC for responding to more than 90,000 constituent comments in November 2011 by adopting new science-based rebuilding goals in Addendum V and developing Amendment 2 to end overfishing and recover from a historically low level of abundance.  The Commission can now ensure that the amendment process it initiated last year with strong public support will result in real changes on the water and in our coastal economies.

The ASMFC's menhaden decision on December 14th can make a significant and lasting contribution to the success of East Coast state and federal restoration efforts.  In Amendment 2, we urge the Commission to manage menhaden based on the best scientific information available, to adopt a coast-wide annual catch limit that can be implemented in 2013, to manage to the target fishing level in as short a time period as possible and to make a firm, time-certain commitment to reaching those target levels, and to reduce catch immediately to end overfishing and rebuild the Atlantic menhaden population. These proactive and common-sense steps will put menhaden on the road to recovery, safeguard a key component of Atlantic Ocean ecosystems, and help sustain and grow our vibrant coastal economies.  Thank you for considering our request.

Sincerely, 
 
 
Analysis: Both letters recycle many of the claims of environmental groups, who have been pushing for heavy cuts to menhaden harvests. These claims are full of half-truths, selective omissions, and misdirection, presenting a biased and ultimately inaccurate portrait of the fishery. 
 
The Representatives' claim that menhaden biomass has declined to "less than 10% of levels seen in the 1980s" is particularly selective, choosing to exclude most years for which there is available data on menhaden. Over the 50-plus years that data on menhaden biomass has been recorded by the ASMFC, abundance has fluctuated based on the strength of menhaden recruitment (the number of menhaden that are born). Scientists with NOAA's Chesapeake Bay program have found that menhaden recruitment is negatively impacted by high striped bass populations. The 1980s, the decade cited in the letter , was a period of high menhaden abundance largely because the Atlantic striped bass population had crashed.  These top predators only began recovering to today's high levels in the late 1980s. The current menhaden population is at levels much more typical of times when the overall ecosystem is more healthy than it was in that decade. 
 
Further, the letter claims that overfishing has occurred for 54 of the past 57 years, stating that fishing has been over "this threshold." The referenced threshold, however, was only adopted last year when the ASMFC initially decided to embark on a more conservative management course for menhaden.  Relative to the prior benchmark, the fishery had not been subject to overfishing at all for the decade leading up to 2008, when the threshold was breached by only 0.4%. Applying the new reference point retroactively to claim overfishing was occurring in the past makes as much sense as lowering the speed limit and then presenting drivers with 50 years' worth of speeding tickets. 
 
Moreover, the menhaden stock is at healthy levels, with more than enough reproductive capacity to sustain itself.  Effort in the fishery over the past decade has been at the lowest levels in the entire 50-plus year time series.  Over the past decade, catch levels are about half of what they were during the 1990s when other industrial operations of similar size and scope of Omega's were operating.  In fact, at the peak of the fishery in the 1950s, catch levels were nearly three times higher than current levels.  As recently as the 1980s, over thirty vessels comparable to today's fleet were operating in the reduction fishery.  Today, Omega operates just eight vessels. 
 
Although the Representatives are quick to fault the commercial fishery for a decline in menhaden, missing from the discussion on biomass is the role of climate and environment, two major influences on recruitment. Here is what the National Oceanic and Atmospheric Administration's Chesapeake Bay Office says: "menhaden recruitment appears to be independent of fishing mortality and spawning stock biomass, indicating environmental factors may be the defining factor in the production of good year classes. If menhaden recruitment is largely environmentally driven, adoption of the new reference points may not result in better recruitment. However, there is a possibility that the stock may be able to take greater advantage of favorable environmental conditions if a larger percentage of spawning adults remain in the population." The ASMFC came to a similar conclusion, noting that fluctuations in menhaden abundance may be, "almost entirely driven by non-fishery sources." 
 
This week's decision on menhaden harvest cuts is far from the "common sense" opportunity the Representatives claim it is. Although their letter calls for the adoption of  "new science-based rebuilding goals," and management "based on the best scientific information available," the authors fail to acknowledge that this most recent menhaden science has been one of the main obstacles for the ASMFC in determining the future of menhaden fishing. 
 
Specifically, the model used to conduct the 2012 stock assessment demonstrated a severe "retrospective pattern," a form of bias that, in this case, dramatically understates the population size and overestimates fishing mortality.  Due to these recognized problems, the assessment was regarded by the ASMFC's Menhaden Technical Committee as unfit for management advice. As a result, the ASMFC is now expected to regulate a fishery whose exact status is uncertain. 
 
Enacting regulations based solely on data that is either out of date or scientifically questionable does not serve the goal of good, science-based management, especially when the result will cause definitive economic harm. For instance, in Virginia's Northern Neck region, where the menhaden reduction fishery is headquartered, the proposed cuts would cause significant job loss and reduced economic activity. A recent economic impact study conducted by the Virginia Institute of Marine Science highlighted the importance of the industry to this rural area of Virginia: the reduction fishery employs almost 300 people directly, and many more indirectly, and contributes more than $80 million in economic output to the Northern Neck. Without the reduction fishery, employment in the region would decrease by 8 percent and economic output by 14 percent. Enacting a new quota now could lead to a bad economic situation, and would not be "budget-neutral," stimulate "economic growth in East Coast communities," or preserve "thousands of jobs." 
 
The menhaden fishery is not seeking an unrestricted harvest. Instead, those who rely on the menhaden resource are asking that any cuts be reasonable, commensurate with the facts, and not based on the extremist rhetoric that has been circulated about the species. They are joined in this request by both the Maryland State Conference of the NAACP and the United Food and Commercial Workers Union Local 400. 
 
Conservation of our marine resources is essential. 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. Taking drastic action based on inconclusive evidence helps neither the fish nor the fishermen.

 

 

The U.S. Senate Committee on Appropriations late yesterday released the text of the FY2013 Disaster Assistance Supplemental including $150 million for fisheries disaster relief.

WASHINGTON (Saving Seafood) December 13, 2012 — The emergency spending contained in the bill is equal to the President's request, and contains no earmarks. The bill next goes to the full Senate, and and must also pass the House before it would go to the President for signature.

From the committee press release:

COMMERCE, JUSTICE, SCIENCE CHAPTER: $513 million
National Oceanic and Atmospheric Administration (NOAA): $482 million
– $57 million for NOAA to locate, map, identify, track and clean up marine debris.
– $63 million to repair and improve hurricane and severe weather forecasting capabilities.
– $15 million to repair NOAA facilities and ocean observing and coastal monitoring equipment damaged by Hurricane Sandy.
– $150 million for fishery disasters declared by the Secretary of Commerce in 2012.
– $197 million to evaluate, stabilize, restore, and protect coastal ecosystems and habitat impacted by Hurricane Sandy.

From p. 5 of bill text

(5) $150,000,000, for necessary expenses related to fishery disasters as declared by the Secretary of Commerce in calendar year 2012:

Provided, That the National Oceanic and Atmospheric Administration shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Read the committee press release

Read the text of the bill

 

 

The United Food and Commercial Workers Union Local 400 and the Maryland State Conference NAACP are working with appointed and elected officials, toward policies that will protect this important resource and those whose jobs depend upon it.

The following was released by the United Food and Commercial Workers Union Local 400 and the Maryland State Conference NAACP:

LANDOVER, Md. — December 12, 2012 — On Friday, December 14, 2012 the Atlantic States Marine Fisheries Commission will vote on new regulations for the Atlantic menhaden fishery.

The United Food and Commercial Workers Union Local 400 and the Maryland State Conference NAACP are working with appointed and elected officials, as well as with leaders in reduction and bait companies, toward policies that will protect this important resource and those whose jobs depend upon it.

Unfortunately, some environmental and other interest groups have advocated for cuts of 20%-50% which would result in job losses. One company in the industry, Omega Protein, is the largest employer of minorities in Northumberland County, Virginia.

Some of those pushing for severe cuts have said it is a "false choice" between conservation and jobs. This is not a false choice; it is a real decision.  The extreme cuts they seek WILL destroy jobs.

Those who advocate job-killing levels of cuts claim they are acting in the name of science, but the ASMFC Menhaden Technical Committee determined that the results of the 2012 update stock assessment were not suitable to use as a reference for management decisions.

We do not argue that scientific uncertainty means no action should be taken, but instead argue that reasonable action should be taken.

Federal fisheries law instructs regulators to prevent overfishing and to rebuild overfished stocks while minimizing adverse economic impacts on fishing communities. We stand with the union members, minority employees, and working families fromNorth Carolina to Maine who depend upon the menhaden bait and reduction fisheries.  We believe it is possible and reasonable to enact policies that protect this resource without killing jobs.

We urge the ASMFC to adopt such a policy.

Read the release here

 

 

 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. 
 
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