Fishing Industry Alerts

Industry members and supporters in the Hampton / Norfolk / Virginia Beach area are urged to attend and ask questions September 18, 2012 –In an announcement for a talk to be given by Chris Moore, a Senior Scientist with the Chesapeake Bay Foundation headlined "Decades of Menhaden Overfishing Takes Toll," the Williamsburg (Virginia) Climate Action Network states the following:

"The menhaden is a diminutive fish that is rich in protein. Each year tens of thousands of tons of this fish are harvested and processed in Reedville, Virginia, then turned into fish oil for human food supplements and food for livestock."

"This small resident of the Chesapeake Bay plays an important role in the food chain that supports local wildlife including osprey and striped bass. As industrial fishing practices continue to diminish the menhaden population, the health of the Bay ecosystem and those species that depend on the menhaden to survive are adversely affected"

This event is hosted by the York River Group of the Sierra Club. It is free, and open to the public, and will be held at the Sandy Bottom Nature Park Nature Center at 1255 Big Bethel Road, in Hampton, Virginia, starting at 7:00 p.m. on Wednesday, September 19th.
 
Read the announcement at the Williamsburg Climate Action Network
 

Analysis:

While the post's headline references "decades of menhaden overfishing," this is an oft-repeated but misleading statement derived from an equally misleading observation recently promulgated in an online petition by the Pew Environment Group. In the petition, Pew stated for dramatic effect, "overfishing has occurred in 32 of the last 54 years," but failed to mention that 30 of those 32 instances occurred between 1954-1993. 

According to the 2010 menhaden stock assessment, issued by the Atlantic States Marine Fisheries Commission (ASMFC), menhaden are not considered to be overfished, meaning that the stock is producing the target number of eggs to sustain itself. Overfishing of menhaden has become increasingly rare, occurring only twice from 1994-2008 (the last 15 years for which there is data), most recently in 2008 and only by 0.4%.

NOAA's Chesapeake Bay Office states, "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." This means that the most important factor determining the size of the menhaden stock is more likely environmental factors, rather than pressure from commercial fishing.

The post also includes reference to menhaden as "the most important fish in the sea." This qualitative judgement is derived from the book The Most Important Fish in the Sea, by Rutgers English professor H. Bruce Franklin. There is no scientific evidence supporting the hyperbolic statement that any one species of fish is "most important," and promulgating this idea represents only the authors' opinion rather than any scientific consensus.

After last week's declaration of a fishery failure for the Northeast by the Department of Commerce, a group of 23 Senators and Members of Congress wrote to the House and Senate leadership requesting the appropriation of $100 million in disaster relief funding.

Writing that the Northeast fishery is facing a "perfect storm" of new federal regulations and expected cuts in quota as high as 72 percent in critically important species such as cod, haddock, and yellowtail flounder, the letter requests economic relief be made available to Northeast fishermen, specifically, "support for economic development programs including financial counselling and job training assistance." The letter also asks that the relief package include coverage of at-sea monitoring costs, sector operating costs, and additional resources to improve the quality and frequency of stock assessments.

In requesting the relief funds, the letter notes that the new fishing limits, "have the potential to force a significant portion of the industry out of business," even though fishermen have followed all federal regulations and the decline in fishing stocks is not due to overfishing. It views the proposed $100 million in assistance is an essential part of keeping the fishery running.

The full text of the letter follows:

September 17, 2012

The Honorable Harry Reid
The Honorable Mitch McConnell
The Honorable John A. Boehner
The Honorable Nancy Pelosi

Dear Majority Leader Reid, Minority Leader McConnell, Speaker Boehner, and Minority Leader Pelosi:

Last Thursday, the Department of Commerce declared a fishery failure for the Northeast multispecies fishery for the 2013 season. As such, the federal government must take timely action to assist fishermen and fishing communities across the Northeast and pursue management policies that both address the long-term situation and the immediate difficulties in the industry. Therefore, working within our fiscal constraints, we request your assistance in providing $100 million in federal economic disaster assistance for the Northeast multispecies fishery.

Under the Magnuson-Stevens Fishery Conservation and Management Act, once the Department has determined that a commercial fishery failure has occurred, Congress may provide assistance by allocating federal funding to the affected states and providing oversight. We are writing in support of providing such economic relief to assist fishermen and fishing communities in the Northeast as they work to adjust to a perfect storm of events that threatens the future one of our nation's oldest and most storied industries. The assistance would be used to help ease the economic effects of federal regulations imposed to stop what the Department and fishermen anticipate will be dramatic declines in groundfish stocks in the Northeast multispecies fishery, while also providing critical investments to make the industry more sustainable in the long term.

In recent years, our fishermen and fishing communities have been struggling to survive amid federal regulations that have limited fishing opportunities. As a result, many fishermen are drawing on personal income or extended credit, shifting more fishing costs to crew, shrinking crew size, or postponing vessel maintenance.

The problems facing our fishermen and fishing related businesses have been exacerbated by a significant reduction in the 2012 Annual Catch Limit (ACL) for Gulf of Maine cod, an important stock for the Northeast industry. This reduction was precipitated by a 2011 National Marine Fisheries Service (''NMFS'') stock assessment that determined that the stock may not be as healthy as previously thought. Preliminary indications are that ACL may be further reduced next year- potentially by as much as 72 percent – and other critical stocks of cod, yellowtail, haddock, and plaice may see similarly dramatic reductions. It is likely that these reduced ACLs would be in place for several years, further compounding the impact of these cuts to the industry. That these cuts would come after Northeast fishermen have already implemented considerable changes to make the fishery more sustainable, changes to which ample evidence suggests stocks are not responding as predicted, has seriously eroded confidence in the science behind the management.

Therefore, we respectfully request that you work with us to ensure adequate economic relief is available to help Northeast fishermen and fishing communities endure what is becoming one of the most challenging situations in the history of the Northeast groundfish fishery. This includes support for economic development programs including financial counseling and job training assistance.

Specifically, we ask that funds be set aside to cover fully the at-sea monitoring costs for the next two fishing years and that you work with us to ensure a longer term federal commitment on these costs. We are concerned that the at-sea monitoring costs for our fishermen would represent an out of pocket expense that could force many fishermen out of business and reduce profitability of other fishermen at a time when they already face severe economic challenges. Increased observer coverage is critical to strengthening the science, but we also need to investigate options that could reduce costs. Similarly, funds should be set aside to support sector operating costs, which represent another strain on the industry.

In addition, it is critically important that funds be used to improve the quality of – and confidence in – stock assessments. Additional resources are needed for more timely assessments, using the best available technology and new research to determine the causes of recent stock declines. New assessments must be done in the closest collaboration with both local scientific experts and our fishermen. Involving fishermen in the collection of this data through cooperative research could go a long ways toward not only improving our understanding of the status of the stocks but also fishermen's degree of confidence in the reliability ofNMFS data. The severity of the potential consequences demand that every possible step is taken to ensure that the data used to set catch limits is as robust and accurate as possible, with buy-in from the people whose livelihoods are most affected by the results. This new assessment approach is essential for building trust and support in the data used to make important management decisions going forward.

Fishermen and fishing related businesses in coastal communities around the Northeast are bracing for these additional limits on fishing, which have the potential to force a significant portion of the industry out of business. It is our understanding that these declines are not related to any recent inappropriate levels of harvest by fishermen who have followed federal management plans and that environmental variables could be affecting stock recovery.

Thank you for your attention and your support for improving conditions for the fishermen throughout the Northeast. We remain committed to preserving and promoting our fishing industry and to lessening the burden of federal regulations on our fishermen and their families. We look forward to continuing to work with you to quickly and effectively address this very concerning development to this critical industry.

Sincerely,

John F. Kerry, United States Senator
Olympia J. Snowe, United States Senator
Scott P. Brown, United States Senator
Susan M. Collins, United States Senator
Sheldon Whitehouse, United States Senator
Jeanne Shaheen, United States Senator
Charles E. Schumer, United States Senator
Kirsten E. Gillibrand, United States Senator
Jack Reed, United States Senator
Kelly Ayotte, United States Senator
Joseph I. Lieberman, United States Senator
Richard Blumenthal, United States Senator
Barney Frank, Member of Congress
Edward J. Markey, Member of Congress
Michael H. Michaud, Member of Congress
Joe Courtney, Member of Congress
David Cicilline, Member of Congress
William R. Keating, Member of Congress
Chellie Pingree, Member of Congress
Frank Guinta, Member of Congress
James R. Langevin, Member of Congress
John F. Tierney, Member of Congress
David Cicilline, Member of Congress
Timothy H. Bishop, Member of Congress

View a PDF of the original letter here

 

 

The New England Fishery Management Council will hold meetings in New Bedford today and tomorrow on Scallop and Groundfish issues. Industry members in the area are urged to attend and participate.

September 18, 2012 — Saving Seafood will report on developments and make audio clips from the meetings available online

Today, starting at 9 a.m. the Scallop Committee will address the Scallop Advisory Panel's recommendations on:

1) possible modification of Georges Bank access area opening dates;

2) measures to address sub-Annual Catch Limits of yellowtail flounder for the Limited Access General Category (LAGC) trawl fishery;

3) modification of the effective date of Yellowtail Sub-Annual Catch Limit Accountability Measures (ACL AM) from Year 2 to Year 3;

4) leasing LAGC Individual Fishing Quota mid-year;

5) expanding the observer set-aside program to include LAGC open area trips; and

6) the overall findings of the recent biological opinion of the sea scallop fishery
related to sea turtles and Atlantic sturgeon.

Tomorrow, starting at 9 a.m., the Groundfish Oversight Committee will continue development of Framework Adjustment 48 to the Northeast Multispecies Fishery Management Plan that will include:

* Continued development of options to improve sector monitoring, including both at-sea and dockside monitoring. They may discuss appropriate monitoring coverage levels and full retention of allocated  groundfish species.

* The Committee will develop measures that may help mitigate expected low catch levels in fishing year 2013. These measures could include modifications to groundfish closed areas (including habitat areas) and further review of a motion passed at the last committee meeting that would provide increased access to most groundfish closed areas, and may consider modifications to that motion that will be forwarded to the Council.

* Consideration of other modifications to the sector program, such as creating areas for fishing on Georges Bank (GB) that are not subject to the GB yellowtail flounder Annual Catch Entitlement limits.

* Consider options for addressing catches of groundfish stocks (primarily Southern New England/Mid-Atlantic Bight windowpane flounder) by other fisheries (such as the fluke, scup and squid fisheries), and may either develop options for additional sub-ACLs or may propose changes to accountability measures to control those catches.

* The Committee may also discuss other issues that may be incorporated into the framework. Options identified by the Committee will be included in a future management action (Framework Adjustment 48) that will be considered by the Council in the fall of 2012.

* An expected receipt of a preliminary report on catch advice developed for Eastern Georges Bank cod and haddock, and Georges Bank yellowtail flounder that will be developed by the Transboundary Management Guidance Committee.  The Committee may provide comments for consideration by the Council when it considers these FY 2013 quotas.

* Possible discussion of scallop/groundfish management issues, such as yellowtail flounder allocations and the timing of scallop vessel access to groundfish closed areas.

Location:

Fairfield Inn & Suites
185 MacArthur Drive
New Bedford, MA 02740
Phone: (774) 634-2000; Fax: (774) 634-2001

Directions: 

From the South – I-95 North to I-I95 East. Take Exit 15 to merge onto MA 18 South. Turn left at Union Street. Turn right on MacArthur Drive.

From the North – I-95 South to I-93 South toward Boston. Take Exit 4 onto Route 24 South toward Brockton.  Take Exit 12 onto Route 140 South towards New Bedford. Take Exit 2A to I-I95 East towards Cape Cod. Take  Exit 15 onto Route 18 South. Turn left at union Street. Turn right onto MacArthur Drive.

 

The Northeast Seafood Coalition ("NSC") supports the disaster declaration and is grateful to the support of our diligent Members of Congress and other elected officials including Governors of the affected states for their ongoing and relentless push for a declaration.

Gloucester, Mass. — September 13, 2012 –The following was released by the Northeast Seafood Coalition:

Today, the Acting U.S. Secretary of Commerce declared commercial fishery failure for the Northeast groundfish fishing industry. The Northeast Seafood Coalition ("NSC") supports the disaster declaration and is grateful to the support of our diligent Members of Congress and other elected officials including Governors of the affected states for their ongoing and relentless push for a declaration. 

In March 2012, NSC wrote to Governors of Massachusetts, New Hampshire, Maine, Rhode Island, Connecticut, New York and New Jersey to urge them to submit a request to the U.S. Secretary of Commerce for a coordinated fisheries disaster in light of pending reductions for this current fishing year and the upcoming fishing year.  Since our request, there has been a well-coordinated regional effort by the Governors and Congressional leaders for which we are extremely appreciative.

At this time, there are significant short and long-term challenges that lie ahead and this declaration is a significant leap forward. Despite the combined effort from fishermen and managers to respond and rebuild groundfish stocks, according to recent scientific assessments, several key stocks in the Gulf of Maine and Georges Bank are not achieving anticipated results.  It is unfair to hold fishermen exclusively accountable for natural cycles of complex ecosystems.  NSC believes it's time to review and understand the larger picture of this ecosystem and develop management strategies that are more reflective of this reality.

Today's disaster declaration makes it possible for Congress to appropriate money toward assisting fishermen and directly impacted parties.  NSC views federal disaster relief as being an important component of a plan for 2013 and beyond.

NSC-the largest membership organization in the northeast groundfish fishery, which represents a majority of the active fishermen in the region-looks forward to working with our membership, the New England Fishery Management Council, NOAA Fisheries, States and the U.S. Department of Commerce through our elected officials on steps moving forward.

View a PDF of the NSC release here

 

 

U.S. Sen. John Kerry announced this morning that the Department of Commerce agreed to the bipartisan request from members of Congress, four New England Governors and many other elected officials for a declaration of a commercial fishery failure in the Northeast groundfish fishery for 2013.

September 13, 2012 — The declaration was made official later this morning by Acting U.S. Secretary of Commerce Rebecca Blank.

Senator Kerry said the $100 million disaster relief bill is scheduled to appear before the Senate later this year during the upcoming lame-duck session.

In a conference call with members of the press, Kerry explained that the bill, which is currently planned to be one part of a larger emergency assistance bill aiding drought-stricken parts of the Midwest, will go to direct disaster assistance for regional fishermen and communities. Some of the funds will also be allocated to address "long-term" issues in the fishery, including funding for monitoring costs and improvement of stock assessments.

"We put billions into the heartland of the country for farmers," Kerry said. "These guys are farmers. They farm, they farm from the ocean instead of the land. They are people who depend on the weather, depend on crop, they depend on the stock, and they are affected by what happens in an ecosystem just as farmers are."

Listen to an excerpt from Senator Kerry's announcement.

The declaration is the end of a multi-year effort by New England elected officials to get a disaster declaration from the Commerce Department, after several poor stock assessments and the transition to the new form of sector management. Kerry says that while the fight to secure the funding is not finished, "we're a huge leap down the road" in getting disaster aid.

The official statement from NOAA follows:
 
Secretary of Commerce declares disaster in Northeast Groundfish Fishery

Acting U.S. Secretary of Commerce Rebecca Blank today declared a commercial fishery failure in the Northeast groundfish fishery for the 2013 fishing season. Despite fishermen's adherence to catch limits, several key fish stocks are not rebuilding, resulting in the expectation that further cuts to catch limits may be necessary in the 2013 fishing season, which begins May 1, 2013.

The disaster declaration makes it possible for Congress to appropriate money toward alleviating the financial hardship to fishermen caused by the fishery disaster. If money is appropriated, NOAA will work closely with Congress and the Governors representing the affected states to develop plans to assist coastal communities.
 
"Fishermen in the Northeast are facing financial hardships because of the unexpectedly slow rebuilding of fish stocks that have limited their ability to catch enough to make ends meet," said Acting Secretary Blank. "The Department of Commerce has determined that the diminished fish stocks have resulted despite fishermen's adherence to catch limits intended to rebuild the stocks, and I am making a fishery failure declaration so that Congress is able to appropriate funding that will mitigate some of the economic consequences of the reduced stocks and help build a sustainable fishery. The future challenges facing the men and women in this industry and the shore-based businesses that support them are daunting, and we want to do everything we can to help them through these difficult times."

Acting Secretary Blank is declaring the commercial fishery failure under Section 312(a) of the Magnuson-Stevens Act and Section 308(b) of the Interjursdictional Fisheries Act. The declaration was requested and supported by elected officials in the region. This announcement supersedes earlier requests for disaster declarations made by several northeast states.

For the past several months, NOAA and the New England Fishery Management Council have engaged the fishing industry and others in discussions to develop actions that can be taken given the anticipated low quotas for some key stocks in the groundfish fishery. However, it is unlikely that the economic impacts can be fully mitigated in the coming fishing year, which begins May 1. The work that NOAA has been doing with northeast states, including an in-depth look at impacts to specific industry segments provided by Massachusetts Governor Deval Patrick, will be useful in developing spending plans to assist coastal communities should Congress appropriate the funding that today's declaration authorizes.

"Fishing is the lifeblood of many coastal communities, providing jobs, a continuation of an historic tradition and culture, recreational opportunities for millions of anglers, and contributing to food security for the nation," said Dr. Jane Lubchenco, NOAA administrator. "Finding solutions will not be easy, but by continuing to work together, we can have healthy fish stocks, profitable fisheries, and vibrant fishing communities."

The following was released by the office of Massachusetts Governor Deval Patrick:

Patrick-Murray Administration Secures Federal Disaster Declaration for Massachusetts Fishermen

The Patrick-Murray Administration today announced that United States Department of Commerce Acting Secretary Rebecca Blank has granted the Commonwealth's longstanding request for a federal disaster declaration for Massachusetts ground fishermen.

"For years I have engaged federal officials on the importance of providing a disaster declaration for our fishermen and fishing communities, who have been struggling due to the transition to catch shares and declining groundfish stocks.  I am extremely pleased that today, the Department of Commerce has taken an important first step to validate my request for a disaster declaration," said Governor Deval Patrick.  "This declaration is more critical than ever as coastal communities brace for possible additional cuts to the region's groundfishery next year.  I want to give special thanks to the leadership of President Obama, and I stand ready to work with my fellow Northeast governors and Congressional leaders to ensure our fishermen receive the financial assistance they desperately need to sustain this vital industry."
 
Anticipating the federal disaster declaration, Governor Patrick, partnering with other coastal New England governors, submitted a letter this week to Senate and House leadership, asking for their support in securing $100 million in disaster funding for New England's fishermen.

"Governor Patrick has vigorously advocated for the Massachusetts fishing industry, an important piece of the Commonwealth's economic vitality and heritage," said Energy and Environmental Affairs (EEA) Secretary Rick Sullivan. "Today's announcement is a significant step forward for fishermen trying to survive the transition to catch shares and lower catch levels, and we look forward to working with Senator John Kerry and the Massachusetts Congressional delegation to secure federal assistance for fishermen."
 
Governor Patrick first made a request to the Department of Commerce in November 2010, asking for direct economic relief to the Massachusetts groundfish fleet for the impact caused by the transition to the catch shares system. In November 2011, Governor Patrick renewed his request for federal aid after being denied in January of that year.

To support this new request, federal officials were provided a comprehensive report, Comparative Economic Survey and Analysis of Northeast Fishery Sector 10, from the Department of Fish and Game's Division of Marine Fisheries (DMF) that detailed losses in specific fishery sectors along the Commonwealth's coastline. The in-depth analysis of Sector 10, comprised mostly of small boats fishing from the South Shore, documented a significant 61 percent decline in groundfish landings between 2009 and 2010 under catch shares.

This decline in landings has resulted in a 52 percent drop in groundfish revenue by 27 small business owners. Furthermore, the Sector 10 Analysis shows 30 percent of permit holders have lost at least 80 percent of their groundfish revenue.

A second report, the Break-Even Analysis of the New England Groundfish Fishery for FY2009 and FY2010, was also provided to federal officials, confirming that the Massachusetts groundfish fleet has experienced a significant 24 percent decline between 2009 and 2010.

The analysis was the result of a collaborative effort between DMF, NOAA's National Marine Fisheries Service and the University of Massachusetts Dartmouth's School of Marine Science and Technology to further define economic impacts previously documented in the Massachusetts Marine Fisheries Institute (MFI) Report to the Department of Commerce.

"We are very pleased that the Obama Administration is issuing this disaster declaration," said Department of Fish and Game Commissioner Mary Griffin. "This is the right decision in support of our fishermen and coastal communities."
"We appreciate that President Obama and his Administration utilized the important analysis and reports conducted by the Division of Marine Fisheries and the Marine Fisheries Institute to inform their disaster determination," said DMF Director Paul Diodati

Once disaster assistance is appropriated, the Commonwealth will conduct a thorough public process to engage fishermen and other stakeholders on developing spending plans that will ensure the ground fishing industry continues to be sustainable for future generations.

 

 

WASHINGTON — The governors of Massachusetts, Maine, New Hampshire and Rhode Island wrote to Senate and House leadership requesting $100 million in federal disaster assistance contingent upon a federal disaster declaration from the Department of Commerce.

The text of the letter follows.
 
September 7, 2012

Dear Majority Leader Reid, Senator McConnell, Speaker Boehner and Representative Pelosi:

We write to request, contingent upon the issuance of a federal disaster declaration for the New England groundfish fishery from the Department of Commerce, your support in securing $100 million in disaster assistance for New England fishermen and fishing communities. These funds will be used to provide both immediate economic relief to our region's struggling groundfish industry, and to make targeted investments that will allow the fleet to survive and become more sustainable in the years ahead.

We have stressed to the Department of Commerce that it is imperative they take immediate and decisive action to provide a disaster declaration for the New England fishery. For decades, our fishermen and their communities have worked cooperatively with our federal partners to comply with fishery management objectives, including those of the Magnuson-Stevens Act, which are critical to protecting our ocean resources for future generations and the long-term vitality of the industry. However, this effort to rebuild depleted groundfish stocks, which recent stock assessments indicate are not recovering as quickly as necessary to meet the rebuilding requirements of the law, is severely limiting fishing opportunities and endangering our fleets. Accordingly, our states have made requests for federal fishery disaster declarations, and have documented dramatic changes in our fleets' fishing opportunities, whether through constriction of the fleet or longer steams to productive fishing grounds, as well as the significant financial losses of our fleet and shoreside services in recent years. Unfortunately, despite the peril of our fishermen, we continue to wait for the Department of Commerce to respond to those requests. Now, the need for disaster relief is more critical than ever as fishermen and related businesses in our coastal communities are bracing for additional, potentially devastating cuts to the New England groundfishery in 2013.

These preliminary numbers, based on a recently released interim report from the National Marine Fisheries Service (NMFS), suggest dramatic declines in several major groundfish stocks in the New England fishery. While we understand that this resource disaster is not the fault of our fishermen and that it is necessary and important for NMFS to protect the long-term viability of the stocks, these potential reductions in current Annual Catch Limits (ACL) and restrictions on fishing on Georges Bank, in the Gulf of Maine, and Southern New England waters will be damaging to our fleet at a time when many businesses are already struggling to remain viable. In addition to the direct impact on groundfish catch limits, there will likely be indirect impacts to other fisheries on which these same permit holders and many other New England fishermen are also dependent. Consequently, conditions are now overwhelmingly in favor of a disaster declaration, and we are hopeful the Department of Commerce will act swiftly on all pending requests.

Our fishermen cannot afford to wait any longer for critical economic assistance, and thus we urge you, upon issuance of a federal disaster declaration for our groundfishery, to exercise your Congressional authority and immediately appropriate $100 million in aid for New England fishermen and fishing communities. This funding will be used to mitigate economic losses resulting from requirements imposed by Magnuson-Stevens to rebuild groundfish stocks, and will provide urgent relief for our fishermen and their communities in crisis in both the near and long term.

Each of us will collaborate with our fishermen and the Department of Commerce to develop a detailed spending plan to address the needs of our individual communities and states. We anticipate these funds will provide targeted economic assistance, whether through investments in the safety and sustainability of the fleet, providing job training for fishermen to help deal with changes in fishery management, or temporary financial relief. Additionally, funding will be directed to support sector operating costs and cover at-sea monitoring costs to ensure our fishermen will avoid paying this otherwise out of pocket expense at a time when they are already facing severe economic challenges. Further, a portion of the requested funds will be used for cooperative research focused on improving stock assessments and the systems of data collection for the fishery. The severity of the potential consequences of inaccurate or uncertain science demand that all steps are taken to ensure that the data used to set catch limits is as robust and accurate as possible. With the livelihood of our fishing communities at stake, continued improvement of fisheries science remains a top priority.

As Governors, we remain committed to preserving our historic and economically important fishing industry and coastal communities for future generations. We stand ready to work with you, the Department of Commerce, our New England Congressional delegation, fishermen and the New England Fishery Management Council to mitigate the impact of this disaster on our fishery. We appreciate your help in this effort to provide our fishermen economic relief they desperately need.

Sincerely,

Governor Deval Patrick, Massachusetts
Governor Paul LePage, Maine
Governor Lincoln Chafee, Rhode Island
Governor John Lynch, New Hampshire

Cc:
Acting Secretary Rebecca Blank, U.S. Department of Commerce
Senator Daniel K. Inouye, Chair, Senate Appropriations Committee
Senator Thad Cochran, Ranking Member, Senate Appropriations Committee
Representative Harold Rogers, Chair, House Appropriations Committee
Representative Norman D. Dicks, Ranking Member, House Appropriations Committee
Senator John F. Kerry
Senator Scott P. Brown
Senator Olympia J. Snowe
Senator Susan M. Collins
Senator Jeanne Shaheen
Senator Kelly Ayotte
Senator Jack Reed
Senator Sheldon Whitehouse
Representative Michael E. Capuano
Representative Barney Frank
Representative William R. Keating
Representative Steven F. Lynch
Representative Edward J. Markey
Representative James P. McGovern
Representative Richard E. Neal
Representative John W. Olver
Representative John F. Tierney
Representative Niki Tsongas
Representative Mike Michaud
Representative Chellie Pingree
Representative Charles F. Bass
Representative Frank Guinta
Representative David Cicilline
Representative Jim Langevin
Undersecretary Jane Lubchenco, U.S. Department of Commerce
Assistant Secretary Eric Schwaab, U.S. Department of Commerce
 
View a PDF of the original letter  

 

 

The National Marine Fisheries Service (NMFS) has rejected a request by the Northeast Seafood Coalition (NSC) to alter the boundary and timing of the harbor porpoise closure area in the Gulf of Maine.

The NSC made the request due to the projected economic losses the fishery would incur from the timing and location of the closure, and stated that their proposal, "provides a far greater degree of protection to harbor porpoise while having less of an economic impact to the struggling dayboat gillnet fleet." NMFS originally announced the closure of an area of the Gulf of Maine for the purpose of protecting harbor porpoises in April 2012, as a result of a high number of harbor porpoise takes.

Saving Seafood issued a special report on the harbor porpoise situation last May.

The NSC's request included adjusting the location of the closure area, and adjusting the time of the closure from October to November as currently scheduled to February to March. The closure area is currently set to go into effect in the middle of the fall fishery, which is a critically important season for groundfishermen. A 2012 analysis by Dr. Joshua Weirsma, "Economic Impacts of Potential Harbor Porpoise Consequence Closure," found that the the total economic loss associated with the planned closures was approximately $10 million. Due to the location of the closure areas and their proximity to shore, smaller, inshore day boats would be most affected in the closure areas near New Hampshire, Gloucester, Boston, and the South Shore of Massachusetts.

On September 6, the newly appointed Regional Administrator of NOAA's Northeast Regional Office, John Bullard, responded to the NSC's request, explaining that after their own evaluation, NMFS found that the proposed changes provided, "a negligible conservation gain for harbor porpoises and little economic benefit for the fishermen that would be affected by the closure." Bullard also mentioned low compliance among gillnet fishermen with efforts to reduce porpoise takes as a reason for the closure, stating, "unfortunately, during the past two years, fishermen in the Gulf of Maine did not fully respond to the compliance challenge." He added, "without compelling evidence of improved harbor porpoise conservation or economic relief, we must hold fishermen to the commitment they made to comply" with porpoise conservation measures.

NOAA Fisheries' charge of low compliance rates has been controversial among fishermen. NOAA requires, in specific fishing seasons, an instrument called a "pinger," a small device attached to the top of the gillnet that emits a high frequency "ping" every four seconds. The ping warns the porpoise that something is in the area.NOAA has claimed that the cause of a high porpoise bycatch is the low percentage of fishing boats that are fully compliant with pinger regulations.  Fishermen have argued that the pingers are temperamental and that NOAA's calculation of compliance rates is too inflexible. Pingers that run out of battery power,  break, or  are lost while deployed are considered non-compliant. Fishermen have stated that if they are  missing one pinger out of one hundred nets, they are deemed to be in non-compliance.

The NSC's request has been supported by 12 members of Congress, who wrote a letter to Sam Rauch, NOAA's Acting Administrator for Fisheries, urging NMFS to approve the change. The bipartisan group of New England Senators and members of Congress stated that the modifications would "provide significantly greater conservation benefits for the harbor porpoise and reduce the economic impacts on our fishermen."

Additional Resources 

Read the Northeast Seafood Coalition's original request to NMFS here  
 
Read Dr. Joshua Weirsma's Economic Impact Study here  
 
Read the letter from John Bullard to the NSC here
 
Read the letter from Congress to NMFS here

Read the letter from David Bergeron, Chairman of Gloucester Fisheries Commission to NOAA here

Read the letter from Massachussetts' State Senator Bruce Tarr to NOAA here 

Read the story from the AP here.

 

 

Oral arguments in the appeal of the lawsuit filed by the Cities of New Bedford and Gloucester, and a number of East Coast fishing industry interests against Amendment 16 were heard today. 

BOSTON – September 5, 2012 – Oral arguments in the appeal of the lawsuit filed by the Cities of New Bedford and Gloucester, and a number of East Coast fishing industry interests against Amendment 16, the framework for the federal government's fisheries catch share system, were heard by the U.S. Court of Appeals for the First Circuit in Boston today. 
 
The plaintiffs allege that the National Oceanic and Atmospheric Administration ignored important procedural and substantive provisions of law enacted by Congress to protect traditional fishing communities and to shield small businesses from arbitrary acts by the agency.
 
Audio of the proceedings follows:
 
1 – James F. Kavanaugh, Jr., representing New Bedford, Gloucester, and the numerous named individual plaintiffs

2 –  Stephen Ouellette, representing the American Alliance of Fishermen and their Communities, New Hampshire Commercial Fishermen's Association, Richard Grachek and David Aripotch

3 – Patrick Flanigan, representing James Lovgren

4 – Joan Pepin, representing the Federal Defendant-Appellees

5 – Peter Shelley, for the Conservation Law Foundation, an intervening defendant

6 – James F. Kavanaugh, Jr., closing statement

Media coverage: 
 
ASSOCIATED PRESS: Massachusetts Fishing Ports' Appeal Against NOAA Regs Is Heard in Federal Court
 
NEW BEDFORD STANDARD-TIMES: Judges consider New Bedford & Gloucester appeal in fishing lawsuit  
 
 
History of the case:
 
Judge Zobel Rules Against New Bedford and Gloucester on All Counts

Senator Kerry calls Zobel ruling "disappointing"; expresses hope it will be "appealed and reversed"

New Bedford and Gloucester to Appeal Judge Zobel's Ruling on Amendment 16

New Bedford, fishing interests appeal ruling in suit

New Bedford and Gloucester to Federal Court: The government has forfeited the presumption that it acted within the law

 

 

Oral arguments in the appeal of the lawsuit filed by the cities of New Bedford and Gloucester against NOAA will occur on Wednesday, September 5 starting at 9:30 a.m. in the John Joseph Moakley U.S. Courthouse of Boston.

WHAT: Oral arguments in the appeal of the lawsuit filed by the cities of New Bedford and Gloucester vs NOAA

WHEN: Wednesday, September 5, 2012. Oral arguments begin at 9:30 a.m.  This case is 4th on the docket, but cases may be called at any time.

WHERE: John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Boston, Massachusetts 02210, Clerk's Office Phone Number (617) 748-9057

WHO: Court proceedings are open to Media and the General Public

The following was released by the office of New Bedford Mayor Jon Mitchell:  

NEW BEDFORD, Mass – September 4, 2012 – Oral arguments in the appeal of the lawsuit filed by the Cities of New Bedford and Gloucester, and a number of East Coast fishing industry interests will challenge Amendment 16, the framework for the federal government’s fisheries catch share system, in oral arguments scheduled to be heard by the U.S. Court of Appeals for the First Circuit in Boston tomorrow, Wednesday, September 5, 2012.  The plaintiffs allege that the National Oceanic and Atmospheric Administration ignored important procedural and substantive provisions of law enacted by Congress to protect traditional fishing communities and to shield small businesses from arbitrary acts by the agency.

New Bedford Mayor Jon Mitchell, who testified before the New England Fisheries Management Council’s Scientific & Statistical Committee in Boston just two weeks ago, will also attend the oral argument.

Gloucester and New Bedford will be represented in the oral arguments by experienced advocates Attorney James F. Kavanaugh, Jr. and Attorney Eldon Greenberg.

Attorney Kavanaugh, originally from New Bedford, is a partner at Conn, Kavanaugh, Rosenthal, Peisch & Ford in Boston.  He is a trial lawyer with extensive experience in both state and federal courts.  Mr. Kavanaugh has been regularly selected as a "Massachusetts Super Lawyer" as well as a "New England Super Lawyer."  In addition, he was selected as one of the "Top 100 Massachusetts Super Lawyers" and one of the "Top 100 New England Super Lawyers" by Law & Politics and the publishers of Boston Magazine for 2008.  Mr. Kavanaugh has also received an AV Peer Review Rating, the highest rating, in The Martindale-Hubbell Lawyers Directory.

Attorney Greenberg served as general counsel of the National Oceanic and Atmospheric Administration (NOAA) and as deputy general counsel of the Agency for International Development during President Jimmy Carter’s administration.  Mr. Greenberg has an extensive litigation and agency practice on behalf of natural resource clients.   He has represented commercial fisheries trade associations, seafood harvesting and processing companies, and fisheries research and development foundations.

Read more about the case at the following links:

Judge Zobel Rules Against New Bedford and Gloucester on All Counts

Senator Kerry calls Zobel ruling "disappointing"; expresses hope it will be "appealed and reversed"

New Bedford and Gloucester to Appeal Judge Zobel's Ruling on Amendment 16

New Bedford, fishing interests appeal ruling in suit

New Bedford and Gloucester to Federal Court: The government has forfeited the presumption that it acted within the law

 

 

NEW BEDFORD, Mass (Saving Seafood) August 30 2012 – The U.S. Atlantic Spiny Dogfish fishery today became the first east coast shark fishery to be certified sustainable by the Marine Stewardship Council (MSC).

"U.S. fisheries are among the most well managed fisheries in the world," said Sam Rauch, Acting Assistant Administrator for Fisheries at the National Oceanic and Atmospheric Administration (NOAA). "Sustainable fisheries rely on a dynamic process of science informing management and working with the fishing industry to ensure responsible and accountable practices.  This fishery demonstrates the strength and success of the U.S process to provide sustainable seafood to domestic and global markets."

Shark meat from dogfish is primarily consumed in Europe and Asia. American seafood processors utilize 100% of the fish, with zero waste.  The back meat (28% by weight) is used for fish and chips in Britain. The belly flaps (5%) are smoked and eaten as Schillerlocken in German. The liver (10%) is used worldwide in nutraceuticals. The head (15%) is used as bait by U.S. lobstermen and crabbers. The remainder of the carcass (39%) is used to produce organic fertilizer for agricultural use.

The highly-prized fins and tail meat (3%) are an East Asian delicacy. Shark fin consumption is important culturally in Asian societies. Shark fin soup is often served at special occasions such as weddings and banquets.  Dogfish is a sustainable, humane source of shark fins.  The Sustainable Fisheries Association joins concerned citizens worldwide in opposing the inhumane and destructive practice of shark "finning" at-sea.

Spiny dogfish are top-level predators, and population levels are high. As opportunistic feeders, preying on whatever is most available, many fisheries observers are concerned that an overpopulation of dogfish may be contributing to lower levels of species such as cod. Continued recreational and commercial fishing on this population under the federal and state science based management plans is both sustainable and potentially beneficial to the North Atlantic ecosystem.

"This is a step forward in the use of this resource in a responsible manner. It will open up a lot of economic opportunities for the industry as a whole and bring balance to the ecosystem," said Dr. James Sulikowski of the University of New England, who served as an external reviewer in the certification process.

"The ecology and biology of the species is much different than was once thought.  It's reaching maturity faster, it's reproducing at a faster rate, and it's rebounding quicker into the ecosystem.  We hypothesize that it's feeding on other groundfish stocks and limiting their ability to recover," Dr. Sulikowski continued. "No matter how much you reduce commercial and recreational fishing, those species, such as cod, would never recover because of the pressure that dogfish is putting on them — directly by eating those groundfish and indirectly by competing with them for resources."

The fishery is important to the thousands of commercial fishing vessels in the Atlantic that hold Federal or State permits for spiny dogfish, as well as shore-side businesses.  It is estimated that 20,000 jobs at sea and 140,000 jobs on land are supported in various degrees by the fishery.  As an export product, dogfish help reduce the U.S. trade imbalance.
 
Read the announcement from the Marine Stewardship Council

Read the Public Certification Report from the Marine Stewardship Council

Read about the Atlantic Dogfish Fishery from NOAA Fishwatch U.S. Seafood Facts

Read about the Atlantic Dogfish Fishery from the Marine Stewardship Council