Fishing Industry Alerts

Dr. Jane Lubchenco, US Under Secretary of Commerce for Oceans and Atmosphere, spoke at a hearing at the European Parliament on sustainable fisheries management and EU/US cooperation on fisheries issues.

In addition to her testimony, Dr. Lubchenco and her European counterpart, EU Commissioner for Maritime Affairs and Fisheries Maria Damanaki, issued the following joint statement. 

As European Commissioner for Maritime Affairs and Fisheries and U.S. Under Secretary of Commerce for Oceans and Atmosphere, we come together this week to advance our shared goals of healthy oceans and seafood, prosperous and sustainable fisheries, and economically vibrant coastal communities. To achieve these goals, we recognize the importance of putting into place policies and practices that favor long-term sustainability and prosperity.
 
We are here today to acknowledge the progress to date on rebuilding sustainable fisheries, promoting sustainable aquaculture, and combating pirate fishing (also called illegal, unreported, and unregulated (IUU) fishing).  We recognize the importance of strong international cooperation to achieve sustainable and legal fisheries on a global scale.
 
We have identified the most effective tools for rebuilding and maintaining sustainable fisheries. These tools include:
 
·         A science-based, precautionary, and ecosystem-based approach to fisheries management;
·         Working partnerships to conduct cooperative scientific research and to develop innovative fisheries management strategies that improve profits while sustaining healthy fisheries;
·         Strong measures to combat pirate fishing because it leads to unfair competition for law-abiding fishermen in the marketplace, and it undermines efforts to manage fisheries sustainably;
·         Sustainable aquaculture to meet the growing demand for seafood that wild fisheries alone cannot satisfy;
·         Global leadership and a commitment to implement best practices for using these tools.
 
The United States turned the corner on ending overfishing and rebuilding sustainable domestic fisheries with the help of specific tools provided by the U.S. Congress in the landmark Magnuson-Stevens Fishery Conservation and Management Act, with the commitment of U.S. fishermen to rebuild sustainable and profitable fisheries, and with the use of catch shares to align fishing and conservation incentives.  The United States implemented annual catch limits and accountability measures in all federally managed fisheries, which are designed to end overfishing and rebuild stocks. The latest report shows that 79 percent of U.S. fish populations that were scientifically examined are at or above a level able to provide maximum sustainable fishing.  Around a third of federally managed stocks are now managed with catch share programs, resulting in greater profitability, safer fishing conditions, and lower by-catch.
 
The EU is engaged in the development of a drastically reformed Common Fisheries Policy that draws upon similar tools. This reform emphasizes the central importance of following scientific advice for exploitation of the resources, setting concrete deadlines for reaching maximum sustainable yield of fisheries, and open, highly participatory regional decision-making. The reform also aims to eliminate wasteful practices, such as discarding of unwanted catches.
 
Reversing the decline of fish populations requires time for stocks to rebuild and long-term commitment of managers, the fishing industry, processors, coastal communities, and other stakeholders.  We believe, as has been the case in the United States, that taking steps to reverse these declines will be repaid by greater rewards – sustainable and profitable fishing, healthy seafood and thriving coastal communities.
 
As the EU and U.S. continue the hard work of rebuilding domestic fisheries, we are also making progress in combating pirate fishing to level the playing field for law-abiding fishermen. As two of the largest harvesters of seafood and two of the largest markets for it, we have a responsibility to ensure that seafood provided to consumers, whether domestically produced or imported, is fished in accordance with responsible fishery management measures. Since we signed the statement last September in which we agreed to join forces against pirate fishing, the EU and U.S. have improved coordination and strengthened monitoring and enforcement.  We have also worked together to secure adoption of stronger science-based management measures by the various regional fishery management organizations responsible for managing internationally shared fisheries.  Our partnership to combat pirate fishing is a down payment on our larger shared commitment to sustainable fisheries, healthy seafood and prosperous fishing and fishing industry jobs.

More information on Lubchenco’s visit to Brussels.

 

 

In April NOAA Fisheries Service and the NEFMC established a joint working group to look at mitigating the impacts of reduced Georges Bank yellowtail flounder catch limits on U.S. Fishermen in 2012. The following was released by NOAA and the NEFMC this morning:

We would like to invite interested members of the fishing industry and the public to attend a meeting of the Georges Bank yellowtail flounder working group:

Wednesday, May 23, 2012
9:00 am to 3:00 pm
Fairfield Inn & Suites/Waypoint Event Center
185 Macarthur Drive
New Bedford, Massachusetts

The purpose of the meeting will be to discuss the 2011 stock assessment, management of yellowtail flounder catch in the groundfish and scallop fisheries, and bycatch reduction research. 

For those of you unable to attend the meeting in person, but who would like to listen to the discussions live, please contact Maggie Mooney-Seus at Marjorie.Mooney-Seus@noaa.gov, for call-in information. 

The meeting will also be recorded and an audio recording will be posted on our website shortly after the meeting.  We have established a Yellowtail Flounder News webpage, which includes details about this meeting.  Information on future meetings and other related announcements will also be posted here. 

 

 

The Center for American Progress has released an in-depth analysis of New England Groundfish management entitled,  "The Future of America's First Fishery: Improving Management of the New England Groundfishery".

The report observes that the relationships among fishery regulators, scientists, industry members, and environmental groups are more contentious in New England than in any other region of the country. And it argues that every one of the groups involved has played a role in the deterioration of these relationships, which in turn has led to the lack of trust among stakeholders in the region.  As a result, today "the human relationships now labor in a toxic soup that has poisoned dialogue, expunged trust, and made rational progress all but impossible to achieve."

The report argues that the "fundamental source of future success in the groundfishery must start with improved relationships among stakeholder groups. No management structure stands a chance without some degree of buy-in and cooperation of all participants."

The report further observes that  the "sector management system has its limitations, and improvements are undoubtedly necessary. Yet there is near-universal distaste for a return to the old system of management-a system where fishing was controlled by limiting the number of days per year fishermen were allowed to fish-and no other viable alternative has emerged, even from those who suggest sector management will result in hyperconsolidation of the fishery into a few hands, financially supported either by corporate entities or environmental groups and foundations."

The report recommends that:

*     All fishery stakeholders must collaborate to improve fishery data collection and analysis to provide more accurate assessments of fish populations and reduce uncertainty that may artificially reduce total allowable catches.

*     New personnel hired to fill leadership positions within the National Oceanic and Atmospheric Administration-the government agency with jurisdiction over our nation's fisheries-in the northeast region must prioritize changing the perception of the agency among fishermen and other stakeholders.

*     Every stakeholder group, including the National Oceanic and Atmospheric Administration, scientists, fishermen, politicians, and environmental nongovernmental organizations, must take steps to improve communication and make a greater effort to understand the perspective of those who disagree with them.

*    The National Oceanic and Atmospheric Administration's Northeast Fisheries Science Center must work with fishermen and external organizations to reduce the cost of fishery monitoring, including by developing methods to implement electronic monitoring systems as a replacement or supplement for human fishery observers.

*    The National Oceanic and Atmospheric Administration and the New England fishery management council must take steps to analyze the validity of consolidation concerns in the sector management system and address them as necessary, including through exploration and development of permit banks to ensure a geographically diverse group of fishermen retain access to the fishery

The report was written by Michael Conathan, Director of Ocean Policy at the Center. Before joining American Progress, Mike Conathan spent five years on the staff of Senator Olympia Snowe at the Senate Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard.  While on the Hill, he oversaw the enactment of the the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 and the International Fisheries Agreement Clarification Act.  A native of Massachusetts, he holds a master's degree in marine affairs from the University of Rhode Island in 2005 and a bachelor of arts in English literature from Georgetown University.

Visit the report website.

 

 

Senators John Kerry and Scott Brown, together with Congressmen Barney Frank, John Tierney, Stephen Lynch, and William Keating have written to the Secretary of Commerce asking for the following:

An emergency regulation to temporarily allocate a higher allocation for yellowtail in this fishing year.

Additional funding beyond what has been announced from the scallop set-aside program for the University of Massachusetts Dartmouth's School for Marine Science and Technology (SMAST) on their yellowtail avoidance program.

Direct the New England Fishery Management Council to maintain the yellowtail quota given to scallopers to ensure their continued participation in the avoidance program and not provide a disincentive to participation by decreasing the scalloper quota based on the program's avoidance success.

Explore any further flexibility the International Fisheries Clarification Act might provide and look at the possibility of increasing the yellowtail TAC toward the high end of the allowable range.   

Implement a side-by-side trawl survey tows using a commercial vessel to compare data from the research vessel Bigelow and provide a more reliable assessment of this species, because they have been advised by experts that the "four seam bottom trawl equipped with a rockhopper sweep" is not the most efficient means of catching groundfish.
 
The text of the letter follows:

The Honorable John Bryson
Secretary
Department of Commerce
1401 Constitution Avenue NW
Washington, DC 20230

Dear Secretary Bryson:

We are writing to urge that you take immediate and decisive action to ensure that the National Marine Fisheries Service (NMFS) in conjunction with the New England Fishery Management Council (Council) addresses the latest crisis within the northeast multispecies fishery that is expected to absorb a 61% cut in its allotment of Georges Bank yellowtail flounder within Framework 47 to the groundfish fishery management plan, which will be implemented May 1. We also urge you to implement an emergency regulation to temporarily allocate a higher allocation for yellowtail in this fishing year. While we applaud the recent action taken by the Acting Assistant Administrator for Fisheries to begin forming a joint agency Working Group similar to that convened to address the recent crisis in the reductions to Gulf of Maine Cod, we now ask that the NMFS explore every option available to maximize the allowable catch of Georges Bank yellowtail flounder stocks.

We were also pleased to learn that you will be providing funds to collaborate with the University of Massachusetts Dartmouth's School for Marine Science and Technology (SMAST) on their yellowtail avoidance program within the Scallop fishery as well as other research institutions on similar avoidance programs within the groundfish fishery. We request that you give this research program additional funding to ensure that reduced yellowtail allowable catch will have as little impact as possible on fishermen targeting other groundfish species as well as scallops.

We understand that unused yellowtail quota by scallopers can be given to groundfishermen under Framework 47. NMFS and Council should be directed to maintain the yellowtail quota given to scallopers to ensure their continued participation in this program and not provide a disincentive by decreasing their quota based on the programs avoidance success.

At their September meeting, the Transboundary Management Guidance Committee (TMGC), considered a total allowable catch (TAC) for yellowtail flounder within a range of 600 metric tons to 1,400 metric tons. While the TMGC initially settled on a TAC of only 900 metric tons, the New England Fishery Management Council's Scientific and Statistical Committee recommended a TAC of 1,150 metric tons to which the Canadians ultimately agreed. As you know, this TAC is shared by the two countries with the final U.S. share being 564 metric tons. While the International Fisheries Clarification Act recently passed by Congress has already resulted in added flexibility by extending the rebuilding end date for yellowtail flounder from 2016 to 2032, we ask that you explore any further flexibility this Act might provide as well as look at the possibility of increasing the yellowtail TAC more toward the high end allowable range.

Finally, we have been told by many within the industry that the use of a four seam bottom trawl equipped with a rockhopper sweep is not the most efficient means of catching groundfish for a truly accurate sampling. In fact, the initial use of the NMFS' survey vessel the Bigelow coincides directly with a significant decrease in the U.S. share of Georges Bank yellowtail from 77% in 2009 when the Bigelow data was first used to 49% in 2012. While there may be a biological reason or some other cause for this decrease, it is imperative that fishermen fully embrace and trust the collection methods that determine how a fish stock is managed and allocated, and we urge you to implement side-by-side trawl survey tows using a commercial vessel to compare data and provide a more reliable assessment of this species.

Again, we are appreciative of the initial steps taken to address this difficult situation and hope you will use all methods available, including an emergency action, increased funding for research and yellowtail avoidance programs, to help prevent financial collapse and further consolidation within this fishery.

Thank you for your time and attention. We look forward to your reply.

View the letter as sent.

 

 

Like Gulf of Maine cod, questions have been raised by both industry and independent scientists about recent surveys and assessments.

WASHINGTON (Saving Seafood) – Apr. 30, 2012 –  NOAA Fisheries has announced several steps to address potential economic loss as a result of cuts in the fishing quota for Georges Bank yellowtail flounder. 

This quota cut is the result of a similar situation to the Gulf of Maine Cod crisis.  A new yellowtail flounder assessment concluded that the previous assessment was too optimistic in its estimates. Like Gulf of Maine cod, questions have been raised by both industry and independent scientists about recent surveys and assessments.  A 40-year time series was "split" in 1995. When the survey was split, surveys after 1995 were estimated to be three times more efficient than previous surveys. This has kept the population estimates down even though more fish have been caught in recent surveys.

The steps include:
A management plan revision to allow unused scallop allocation to be transferred to groundfish vessels.
Authorization to allow mid-sized vessels to use new gear that may reduce by-catch.
Administration of research set-aside awards (funds are provided by the scallop industry, not taxpayers) to fund the University of Massachusetts School of Science and Technology, the Coonamessett Farm Foundation, Inc. in collaboration with the Virginia Institute of Marine Science, and the Gulf of Maine Research Institute for projects designed to provide real time information to help fishermen avoid yellowtail.
These steps are in addition to the working group announced on Friday.
NOAA Fisheries also noted that the International Fisheries Agreement Clarification Act sponsored by Congressman Barney Frank and Senator Olympia Snowe in 2010, which was supported by the entire Northeast delegation, and enacted in 2011, allowed NOAA to extend the rebuilding timeframe from 2016 to 2032.    
 
 
The following was released by NOAA Fisheries:

GLOUCESTER, Mass. — Apr. 30, 2012 — NOAA will take several steps that may help minimize the economic loss for commercial fishermen who face cuts in Georges Bank fishery quotas, which are jointly fished and managed with Canada. One particular stock, Georges Bank yellowtail flounder, is a mid-value fish often caught incidentally while fishermen target high value stocks like cod, haddock, and scallops. 

Poor stock conditions have continued because fewer fish are growing to catchable size
than previously expected. As a result, the overall U.S. allocation of the Georges Bank yellowtail flounder stock will be reduced by 61 percent this fishing year. 

The U.S. yellowtail flounder allocation is divided between the scallop and groundfish
fisheries. Yellowtail flounder are bycatch in the high value scallop fishery. Under existing
regulations, the yellowtail flounder allocation to the scallop fishery will increase by 53 percent to approximately 679,024 pounds in 2012. The allocation to the groundfish industry, however, will be reduced by 80 percent to roughly 480,608 pounds.

"While this is good for the scallop industry, it's a challenge for the bigger and some of the
smaller groundfish boats that go to Georges Bank," said Samuel Rauch, acting assistant
administrator, NOAA Fisheries Service. "Several actions that we already have in the works may help mitigate some of these impacts." 

NOAA actions that may help mitigate economic loss

NOAA has just approved management plan revisions giving NOAA the authority to
reallocate any projected unused portion of the scallop fishery's Georges Bank yellowtail flounder allocation to groundfish fishing vessels.
 
These new management measures also authorize mid-sized fishing vessels to use a
new type of trawl fishing gear that may enable fishers to reduce their bycatch of yellowtail
flounder while they target other groundfish species.
 
NOAA and the New England Fishery Management Council, through the scallop research
set-aside program and other NOAA Cooperative Research Program funds, will support several new research projects in 2012 aimed at reducing yellowtail bycatch on Georges Bank and in other areas. 

Funding is expected to be awarded to the University of Massachusetts School of
Science and Technology, to the Coonamessett Farm Foundation, Inc. in collaboration with the Virginia Institute of Marine Science, and to the Gulf of Maine Research Institute for three separate projects, all designed to provide real time information to help fishermen avoid yellowtail and maximize their fishing opportunity on abundant target species.

Last week, NOAA and the council also announced the formation of a new working group,
modeled after the successful Gulf of Maine Cod Working Group that plans to work closely with the fishing industry to explore how to advance these current initiatives and to identify other ideas and management alternatives that may ease the impact of the new regulations on the fishing industry.

The situation with yellowtail flounder could be worse, were it not for legislation introduced by Congressman Barney Frank and Senator Olympia Snowe in 2010, supported by the entire Northeast delegation, and enacted in January 2011. The International Fisheries Agreement Clarification Act  allowed NOAA in 2011 to extend the rebuilding timeframe for these shared stocks. The Georges Bank yellowtail flounder rebuilding timeframe was extended from 2016 to 2032, enabling larger allocations. Even with the extended rebuilding schedule, NOAA and the industry are faced with this big reduction in 2012.

 

 

WASHINGTON, D.C. – The following statement by Acting NOAA Assistant Administrator for Fisheries, Samuel Rauch, and New England Fishery Management Council Chairman, C.M. "Rip" Cunningham was released by NOAA Fisheries:

NOAA Fisheries Service and the New England Fishery Management Council have formed a joint agency Working Group, modeled after our successful Gulf of Maine Cod Working Group, to explore measures to help fishermen facing a reduction in the Georges Bank Yellowtail Flounder quota in 2012.

The U.S. and Canada coordinate management of three fish stocks that overlap the boundary between the two countries on Georges Bank.  In the late summer of 2011, the two countries, through the Transboundary Management Guidance Committee, which includes representation from state and federal agencies and the fishing community, recommended shared total allowable catches for fishing year 2012 for cod, haddock and yellowtail flounder stocks.

The New England Fishery Management Council adopted these total allowable catches at its September 2011 Council meeting and incorporated them into its latest revision to the groundfish fishery management plan (Framework 47).  

NOAA Fisheries Service has proposed to implement these quota recommendations which will result in a 61 percent decrease in the Georges Bank yellowtail quota.

Through the new working group, we will reach out to the broader fishing community and other stakeholders to advance selective fishing gear and practices and explore other ideas and management alternatives that will minimize the impacts on commercial fishermen. This working group will also provide a constructive platform for continued open and public planning and discussions about the challenges facing the industry in 2013.  We hope to build off the successful model we employed with Gulf of Maine cod.

We will establish in the next few weeks a Yellowtail Flounder Working Group webpage to provide one-stop information on all working group meetings and activities.

U.S. Senator Olympia J. Snowe (R-Maine) released the following:

Senator Snowe, Ranking Member of the Senate Commerce Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, today applauded a commitment from staff at the National Oceanic and Atmospheric Administration (NOAA) that the agency will set up a working group with its National Marine Fisheries Service, the New England Fishery Management Council, and other stakeholders to address a drastic reduction in Georges Bank yellowtail flounder for the fishing year beginning on May 1st. NOAA has also issued a proposed rule that would make a number of regulatory changes in its rulemaking to increase fishing opportunities where possible and mitigate the economic impact from the reduced catch levels.
 
Senator Snowe said
 
"NOAA's intent to seek ways to mitigate the impact of drastic cuts in Georges Bank yellowtail flounder catch is welcome news and a step in the right direction.  I commend the agency for engaging stakeholders in an effort to seek workable solutions to this difficult situation, as they did following the 2011 Gulf of Maine cod stock assessment.  I thank the Council and the fishery's stakeholders for coming together to try to find ways to share the yellowtail catch in a way that maximizes fishing opportunities for the entire fleet.   In addition, I'm hopeful the International Fisheries Agreement Clarification Act, which Congress passed in December 2010, will be a valuable tool in seeking some relief for the groundfish fleet impacted by this catch reduction.  Finally, I am pleased to see the expanded definition of the Eliminator Trawl included in this rulemaking, as this award-winning gear will help fishermen to target the abundant haddock stock despite reductions in cod and flounder catch limits."
 
BACKGROUND: In New England, the New England Fishery Management Council (NEFMC) is charged with developing management plans that meet the requirements of the Magnuson-Stevens Act (M-S Act). The Northeast Multispecies Fishery Management Plan (FMP) specifies the management measures for thirteen groundfish species (cod, haddock, yellowtail flounder, pollock, plaice, witch flounder, white hake, windowpane flounder, Atlantic halibut, winter flounder, redfish, Atlantic wolffish, and ocean pout) off the New England and Mid-Atlantic coasts. This framework action, a modification to the multispecies FMP, incorporates the results of new stock assessments into the setting of catch limits for Fishing Year 2012, which begins on May 1, 2012.  These measures include an 80% reduction in the Georges Bank yellowtail annual catch limit.  Other measures will allow for broader use of the "Eliminator" or "Ruhle" trawl, a more selective net which reduces cod and flounder catch when targeting haddock.

 

 

 

 

 

WASHINGTON, D.C. — April 24, 2012 — Senator John Kerry (D-Mass.) today announced that his provision to help restore key federal funding to fishermen has been included in a Senate Appropriations bill.

The following was released by Senator Kerry's office:

In March, Kerry and Senator Olympia Snowe (R-Maine) introduced the Kerry-Snowe Fisheries Investment and Regulatory Relief Act of 2012 (S.2184), legislation to restore funding from the Department of Commerce's Saltonstall-Kennedy fund back to fishermen and communities for whom it was originally intended.  Following a series of meetings in April, Kerry wrote to Senator Barbara Mikulski (D-Md.), Chairman of the Appropriations Subcommittee on Commerce, Justice, and Science, requesting his language to redirect these funds to assist fishermen be included in the FY2013 Appropriations bill.

"I'm deeply grateful to Sen. Mikulski for making this happen, because I wasn't willing to wait for passage of my Saltonstall-Kennedy bill to achieve its intended results," said Sen. Kerry.  "Using the Saltonstall-Kennedy funds for their intended purpose is a down payment on trust.  Now we can start rebuilding trust by investing in fishing science that's credible and comprehensive and comes from the fishing community itself. This will help preserve our fishermen's livelihoods, their families' economic security, and help ensure our fishing industry can survive for future generations."
 
"I applaud Senator Kerry for his leadership on this issue and for making sure that this funding is used for its intended purpose – to help the fishing industry, not to cover NOAA's administrative overhead," said Congressman Barney Frank (D-Mass.), who introduced companion legislation in the House of Representatives.  "We are at a critical juncture at which we absolutely must provide more funding for cooperative fisheries science so we can base management policies on sound data, and we should make good use of the world-class institutions in the Bay State, like SMAST, which have special expertise in this area."
 
Kerry's provision was included on Page 26 of the Committee Report for the Senate FY 2013 Commerce, Justice, Science Appropriations bill (S. Rept. 112-158):
 
"Provided further, That in addition, $119,064,000 shall be derived by transfer from the fund entitled `Promote and Develop Fishery Products and Research Pertaining to American Fisheries', which shall only be used for fishery activities related to Cooperative Research, Annual Stock Assessments, Survey and Monitoring Projects, Interjurisdictional Fisheries Grants, and Fish Information Networks."
 
==============

The full text of Senator Kerry's letter is below:
 
April 12, 2012
 
The Honorable Barbara A. Mikulski             
Chairman                                                                               
Senate Appropriations Committee
Subcommittee on Commerce, Justice, and Science
Washington, D.C.  20510
 
Dear Chairman Mikulski,
 
I am writing to follow up on the issue of redirecting Saltonstall-Kennedy funds to their original purpose, which as you know was to assist fishermen and fishing communities across the nation by improving data collection for stock assessments and other critical programs. I believe the Fiscal Year 2013 appropriations process is an opportunity to redirect these funds to the fishing community, rather than to continue to allow National Oceanographic and Atmospheric Administration (NOAA) from using these funds for their internal operations.
 
As you know, Senators John F. Kennedy and Leverett Saltonstall established a funding mechanism using a transfer of duties on imported seafood. The money was intended to be used for a grant program for research and development projects to benefit the U.S. fishing industry. The estimated transfer amount for FY2013 is $119,064,000.
 
Today, our regional fisheries are facing difficult issues such as the recent Gulf of Maine cod crisis in New England and pirate fishing on the West Coast. With federal funds scarce, each region is in need of a reliable source of federal funding to assist them in responding to the many challenges of managing a fishery. That is why I introduced the Fisheries Investment and Regulatory Relief Act of 2012 along with Senator Olympia Snowe earlier this year.
 
Under current law, NOAA can use the transferred Saltonstall-Kennedy funds as they see fit. I believe the Congress should impose restrictions on the use of these funds in a way to meets the intended purpose of the Saltonstall-Kennedy Act, the promotion of research and development programs for fisheries.
 
Therefore, I am requesting that the FY2013 funds from the Saltonstall-Kennedy Act not be used for internal NOAA management, but rather for external purposes and in ways that directly help our fisheries across the nation. Specifically, I request that 100 percent of the funds be used for cooperative research, more frequent stock assessments, efforts to improve data collection, including catch monitoring and reporting for commercial, charter and recreational fisheries, programs to improve the quality and value of fish landed, Inter-jurisdictional Fisheries Grants, and Fisheries Information Networks.
 
Today, tensions between federal regulators and the fishing community have reached a boiling point. The emerging cod situation elevates the urgency of collaboration beyond any measure. If there is going to be a well-managed outcome to this situation, it hinges on a level of trust and partnership that has been so elusive in recent years. I believe the only appropriate option is to rapidly develop a response that is fair and sound and that our fishermen can trust.
 
Accordingly, I request that you provide $2 million within the Saltonstall-Kennedy Act funding, to develop a new Gulf of Maine Cod Assessment that fully includes fishermen in the process.  As you are aware, the 2008 Gulf of Maine Cod Assessment showed a stock level of 34,000 metric tons of cod which allowed for fishing limits of 12,000 metric tons of cod. The new report shows a stock level of only 11,400 metric tons of GOM cod. While the fishing levels for 2012 are 6,700 metric tons, I am concerned that without a new assessment that includes our fishermen, NOAA could be forced to establish a fishing limit for 2013 as low as 1,000 metric tons of cod.  I am extremely concerned that this action would effectively shut down the fishery.
 
I would also ask your assistance in two other areas that are particularly important to my constituents. First, after the enforcement abuses suffered by New England fishermen at the hands of NOAA's Office of Law Enforcement, several fishermen, who received apologies and returned fines, are still seeking to have their legal fees reimbursed. I introduced legislation, the Fisheries Fee Fairness Act of 2011, which would authorize the Secretary of Commerce to use such sums necessary to reimburse those legal fees. I request that $1 million of the FY2013 Saltonstall-Kennedy funds be used to provide reimbursements for those who suffered enforcement abuses by NOAA. I believe these funds should also be available to assist those who were hurt by the difficult transition to catch shares in New England.  I have heard from a number of constituents that were affected by numerous mistaken allocations that negatively affected fishermen's livelihoods. I believe that the Secretary should be authorized to use FY2013 Saltonstall-Kennedy funds to address those errors in an appropriate manner.
 
As you work to develop the FY2013 Commerce, Justice, Science Appropriations bill, I thank you for your consideration of these requests, which I believe are of great importance to Massachusetts and the Nation. I look forward to working together with you on these issues.
 
Sincerely,
 
John Kerry
United States Senator

 

 

 

 

 

 

WASHINGTON, D.C. – April 19, 2012  –  The Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies (CJS) report to the full Appropriations Committee on the FY 2013 budget contains a provision that would eliminate spending on the National Marine Fisheries Service (NMFS) Northeast Regional Office (NERO) headquarters building in Gloucester, Massachusetts.

The subcommittee markup version was reported to the full committee within the past 48 hours. The full Appropriations Committee is currently marking up the final bill. The CJS subcommittee is chaired by Senator Barbara Mikulski of Maryland. If the bill ultimately passes into law with this provision intact, there will be no Federal funds available to pay rent on the NMFS NERO headquarters building in Gloucester, and the NMFS NERO will have to move to the headquarters in Silver Spring.

NMFS is also known as NOAA Fisheries.

The relevant text from the subcommittee markup is reproduced below:
 
"The fiscal year 2013 budget request demonstrates that the administration is obviously experiencing financial difficulties maintaining NOAA's northeast fishery facilities, with small local laboratories in the Mid-Atlantic area receiving a disproportionately larger reduction and elimination. Coastal States find value in local NOAA facilities which have built direct partnerships with the commercial fishing industry and regional external partners to conduct a range of work needed to accomplish NOAA's mission."

"Therefore, in order to better balance NOAA's fiscal needs with that of the best local fishery results, NOAA is directed to close the Northeast Regional Office [NERO] and consolidate the entire regional operations and management within NMFS headquarters. This regional office serves the eastern seaboard from Maine to North Carolina, and as far west as Minnesota. Better centrally locating the facility at NMFS headquarters would allow for greater coordination with senior management at NOAA and the Department, while saving an estimated $1,800,000 on rent and a yet un- specified amount on travel costs. The Committee believes this consolidation will provide for efficiencies and enhance management, while still maintaining a strong regional presence."

"From the Committee's perspective, some activities at NERO can be conducted at other NOAA facilities without using leased space and incurring the associated lease costs. Since the lease at this facility will expire in September 2013, its termination will save costs now and in the future. Such rationale should be acceptable to NOAA because similar language on not renewing a lease was used by the agency on page 150 of NOAA's fiscal year 2013 Congressional Budget Justification to justify the closure of the James J. Howard Laboratory. However, unlike the circumstances with James J. Howard Laboratory, this closure will actually result in real cost savings to the agency in 2013, not just in out-years. Upon closing NERO, NOAA may continue to support a small local presence in the area."

See the page from the Senate Commerce, Justice, Science subcommittee FY 2013 budget report

 

 

 

 

 

 

For the past two years, members of Congress, the Senate, the fishing industry and the press have been asking a question made famous by Massachusetts Senator Scott Brown: "What do you have to do to get fired at NOAA?"

WASHINGTON, D.C. – April 18, 2012  (Saving Seafood)  For the past two years, members of Congress, the Senate, the fishing industry and the press have been asking a question made famous by Massachusetts Senator Scott Brown: "What do you have to do to get fired at NOAA?"  None of them ever got a response. The question has always been rebuffed, with NOAA officials citing the Privacy Act as the reason they cannot comment on personnel matters. Last month, Senator Susan Collins of Maine observed that "NOAA officials' use of the Privacy Act as a sword to protect its reputation rather than as a shield, as Congress intended, to protect the privacy rights of private citizens is unacceptable."

Although NOAA has not found a way to dismiss scandal-embroiled employees, it has become clear this week that other federal agencies have figured out how to do it.

At 5:45 p.m. this afternoon, CBS News reported that three Secret Service employees have been removed in connection with the scandal involving prostitutes during the summit of the Americas attended by President Obama.  One supervisor was allowed to retire, a second supervisor was "removed for cause", and a third resigned.

This morning, veteran reporter and columnist Steve Urbon of the Standard-Times, a Dow Jones paper in New Bedford, Massachusetts, wrote a column asking questions that have been on the minds of many.  "…[W]hen the scandal in the General Services Administration broke two weeks ago, the GSA administrator fell through a trap door, two senior agency staffers were fired and four GSA managers were suspended. … But who is taking the fall at NOAA for the scandal in the fisheries law enforcement office? … Who at the Commerce Department has lost their job over malicious prosecutions, a luxury fishing boat for booze cruises, destruction of evidence, and a slush fund filled with the proceeds of obscenely inflated fines against fishermen? And how is it that civil service rules magically make it next to impossible to fire people at NOAA and not at GSA? Is there a different set of rules at GSA?"

Mr. Urbon, a seasoned journalist with over thirty years experience in the nation's most profitable fishing port, was inspired to write the column by a letter from Massachusetts Senator Scott Brown. The Senator  observed in an April 13 letter to President Obama, that the "misconduct at NOAA is even more serious than that at GSA, as the NOAA scandals involve wasteful spending that was financed through abusive treatment of both our fishermen and American taxpayer…."

The Senator's letter notes that "the Commerce Department Inspector General found that 'senior NOAA staff failed to maintain adequate controls over the millions of dollars that passed through this fund.'" With this fund, the Senator writes that NOAA purchased things like a "'$300,000 luxury fishing boat that was used to conduct weekend getaways, alcohol-fueled parties, and other joy rides' along with foreign travel. These expenses were paid for with fines that were found by an independent investigation to be excessive, and that 'NOAA was motivated by money in certain enforcement activity.'"

Senator Brown wrote the letter to ask President Obama for similar accountability at the National Oceanic and Atmospheric Administration (NOAA) as the President, his Administration, and many Members of Congress have stated they will demand at GSA.

While Senator Brown's now-famous question is perhaps the most-quoted encapsulation of the widespread frustration surrounding this issue, numerous other members of Congress have asked for accountability, and expressed frustration at what they see as lackluster responses.

Congressman John Tierney called on the House Oversight and Government Reform Committee to investigate the purchase of the luxury boat, after he failed to get an answer from Commerce Secretary John Bryson on whether anyone at NOAA had been held accountable. Tierney had previously written the Secretary about the boat, and had urged him to freeze expenditures from NOAA's Asset Forfeiture Fund.

Last October, Senator John Kerry joined with Chairman Mark Begich to hold a hearing of the Oceans subcommittee of Senate Commerce in Boston to look into a number of areas of concern.  Congressman Barney Frank — whose efforts on fisheries are legendary — drew laughs during questioning by congratulating Congressman Bill Keating on finally getting a definitive answer from Dr. Lubchenco when after several repetitions of the same question she finally answered "no".

Last July, Congressman Frank introduced the Asset Forfeiture Fund Reform and Distribution Act, aimed at compensating fisherman effected by the well-documented abuses at NOAA, as well as reforming the Asset Forfeiture Fund. The bill had 12 cosponsors: Rep. Joe Courtney (CT), Rep. Frank Guinta (NH), Rep. Walter Jones (NC), Rep. Bill Keating (MA), Rep. Stephen Lynch (MA), Rep. Ed Markey (MA), Rep. James McGovern (MA), Rep. Mike McIntyre (NC), Rep. Michael Michaud (ME), Rep. Frank Pallone (NJ), Rep. Chellie Pingree (ME), and Rep. John Tierney (MA).

Another longtime champion of fisheries, Senator Olympia Snowe, noted that the Inspector General's "investigation shed light on deep-rooted systemic problems within the agency's enforcement practice that devastated individual fishermen, their families, and their communities," and noted that the "litany of abuses of power and draconian enforcement tactics far exceeded the authority granted to [the Office of Law Enforcement] and the standards of law enforcement activities."

Also last month, Senator Kelly Ayotte asked NOAA chief Jane Lubchenco about the misuse of funds to buy a luxury boat, Dr. Lubchenco responded "The Privacy Act constraints precludes me from commenting on actions to individuals so I cannot do that. I would love more than anything to be able to talk about some of the things we have done but that is simply not possible."

While many observers think the legal team at Commerce is giving Dr. Lubchenco very bad advice, the question that Mr. Urbon poses is simple.  Why have employees at other government agencies been fired for their wrongful actions while those at NOAA are still collecting paychecks?

Read Steve Urbon's column

Read Senator Brown's letter to President Obama

 

 

 

 

 

 

WASHINGTON, D.C. – April 3, 2012  – Today, Omega Protein issued a press release responding to the allegations made by MFCN about the Keep Fisheriman Fishing rally.

Last week, the Marine Fish Conservation Network (MFCN) demanded, via press release, an apology for Omega Protein's alleged participation in the Keep Fishermen Fishing rally in Washington, D.C.  Contrary to what was implied in MFCN's release Omega Protein was not a rally sponsor.  MFCN Executive Director Matt Tinning referred to Omega Protein as "public enemy number one." Omega Protein's response is below.

Read the release as issued by Omega Protein.

The text of the release is reproduced below:

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Marine Fish Conservation Network makes false and unsubstantiated claims in press release    
 
Executive Director calls Omega Protein "Public Enemy Number One"
 
Last week, the Marine Fish Conservation Network (MFCN) demanded an apology from the Recreational Fishing Alliance (RFA) for allegedly "teaming up with" Omega Protein, Inc. on the recent Keep Fishermen Fishing Rally in Washington, DC. RFA was a leading sponsor of the rally.
 
Accusation and Demand Based on a False Assumption
 
MFCN issued this demand in an inaccurate and defamatory press release in which MFCN Executive Director Matt Tinning made numerous statements based on erroneous assumptions, regurgitating a litany of oft-repeated claims not backed by scientific evidence.
 
In the error-laden release, Mr. Tinning went so far as to call Omega Protein "public enemy number one".
 
Upon seeing a photograph taken by a National Journal reporter, which showed fishermen employed by Omega Protein in attendance at the rally, Mr. Tinning jumped to the conclusion that Omega Protein was "a central participant" in the event. Omega Protein was not a rally sponsor, nor did the company play a role in its organization. No one associated with Omega Protein spoke at the event.
 
Major MFCN Funders and Rally Sponsors Fundamentally Disagree
 
The Keep Fishermen Fishing rally was a public event, held on public property at the United States Capitol. The goal of the rally was to advocate for the reform of the Magnuson-Stevens Act. All fishermen who support Magnuson-Stevens reform were welcomed. A number of menhaden bait and reduction fishermen chose to attend the rally, including some employed by Omega Protein.
 
MFCN opposes the reforms of the Magnuson-Stevens Act advocated by rally participants. In fact, since 2000, MFCN has accepted over $4.1 million from the Pew Environment Group, with a substantial amount of those funds reserved specifically for efforts focused on implementing the existing Magnuson-Stevens Act, absent the reforms advocated by rally participants.
 
 
Omega's Record is Far From That of a Public Enemy
 
The characterization of Omega Protein as a "public enemy" is biased and inaccurate. Omega Protein abides by all applicable regulations. Areas in which Omega has consistently demonstrated a dedicated commitment to the  well-being of the industry and communities in which it operates include:
 
Economic Impact

–       Omega Protein produces $80 million in economic output annually in Virginia's Northern Neck region

–       Omega directly employs 275 people in Virginia's Northern Neck region and indirectly employs hundreds of others through contract maintenance and operations

–       If Omega Protein's operation in Reedville closed, the surrounding area would experience an 8% decrease in employment and a 14% decrease in economic output

Philanthropic Efforts

–       Omega donated $50,000 to benefit restoration efforts of Reedville, Virginia's historic smokestack, a local landmark.

–       Since 2007, Omega Protein has contributed more than $150,000 to the YMCA, charity hospitals, college scholarship funds, disabled veterans organizations and other charitable concerns.

Environmental Stewardship
 
–      Omega Protein does not harvest menhaden on weekends or major holidays when recreational anglers and charter boat operators are most active – a voluntary measure instituted in 1972 that accounts for a 30% reduction in fishing by Omega's fleet.

–       In cooperation with the Mississippi Department of Marine Resources Artificial Reef Bureau, Omega has donated retired fishing vessels to serve as an artificial reef for recreational uses in the Gulf of Mexico.

–       Omega has committed over $17 million to refurbishments of its Reedville, Virginia facility, with the goal of making it more energy efficient and environmentally friendly. These improvements have substantially reduced emissions from the plant.

–       After rebuilding their boilers, Omega has reduced sulfur dioxide emissions by 55%.

–       Omega's new airless dryers have greatly reduced steam and gas exhaust from the drying process employed during menhaden reduction. The excess heat from the dryers also powers a newly installed evaporator, which both reduces the plant's water consumption and saves the burning of hundreds of thousands of gallons of fuel and the associated sulfur emissions.

–       Omega Protein conserves 200,000 gallons of water per day by treating and recycling evaporative condensate water from its processing operations
 
–       Omega actively participates in environmental improvement projects in the Chesapeake Bay and sponsored/funded environmental clean-ups of local estuaries

–       In partnership with the Virginia Marine Resources Commission (VMRC), Omega Protein is a vital partner in oyster restoration efforts. VMRC uses oyster shells to create artificial oyster beds and Omega's Reedville plant provides storage acreage, loading docks and deep water access to VMRC for handling and loading shells for planting
 
–       Omega is actively engaged in partnerships with renewable fuels vendors to retool boilers and dryers to convert to renewable diesel oil (RDO); actions could make Omega one of the largest renewable fuel users in the county
 
Unsubstantiated Claims about the Menhaden Fishery
 
Mr. Tinning repeats a series of oft-repeated but never-substantiated claims about the Menhaden fishery.
 
Opportunities for Recreational Anglers
 
Mr. Tinning argues that the menhaden reduction fishery "vacuums forage fish from the ocean in a way that steals fishing opportunities from anglers", and that this centuries-old fishery takes menhaden "from the mouths of striped bass and countless other species".
Although these claims are made with regularity by some recreational fishing advocates and environmentalists, there is no scientific basis for them.
In fact widely-accepted, peer-reviewed research conducted by Bob Wood and Herb Austin on Chesapeake Bay menhaden indicates that climatic factors such as Atlantic Multi-Decadal Oscillation (AMO)  can explain the major shifts in menhaden and striped bass population numbers; not the harvest of the handful of vessels in the menhaden fishery.
 
NOAA defines Atlantic Multi-Decadal Oscillation (AMO) as an ongoing series of long-duration changes in the sea surface temperature of the North Atlantic Ocean, with cool and warm phases that may last for 20-40 years at a time and a difference of about 1°F between extremes. These changes are natural and have been occurring for at least the last 1,000 years
 
 
Spawning Stock Biomass
 
MFCN writes, "Omega Protein's practices have reduced menhaden to just 8% of spawning stock biomass." However, measures of fishing mortality, such as the statistic cited by the MFCN, are not the best way to measure the health of the menhaden stock.
Historically, menhaden fishing mortality (the amount of fish removed from a stock each year) and spawning are not significantly correlated. The number of menhaden born in various years varies greatly, and the number of young of year menhaden has never been shown to be related to the previous year's fishing levels. The National Oceanic and Atmospheric Administration has noted that environmental factors play a much larger role in determining the size of the menhaden stock than commercial fishing (http://chesapeakebay.noaa.gov/fish-facts/menhaden).

According to the Atlantic States Marine Fisheries Commission (ASMFC), the menhaden stock is currently being fished sustainably. The ASMFC's 2010 stock assessment found that menhaden were not overfished. There has also been no significant pattern of overfishing in the last decade, with overfishing occurring only once in the last ten years.

Sustainable Fishing Practices
 
Omega Protein's Reedville, Virginia-based menhaden fishery is regulated by the Commonwealth of Virginia in cooperation with the Atlantic States Marine Fisheries Commission.
 
Mr. Tinning argues that in recent ASMFC proceedings, "Omega Protein and its allies" opposed a "critical first step towards sustainability".
 
While Omega Protein did not agree with the more radical demands made to the ASMFC by some members of the environmental and recreational fishing communities, the company did not oppose a lower overfishing threshold than in previous years. However, neither the best available science nor practical experience in the fishery indicated that a reduction in the overfishing threshold would impact menhaden abundance, as environmental factors are believed to have a greater impact on spawning than commercial fishing operations. This was noted on page 87 of the ASMFC stock assessment report.
 
The problem with the menhaden stock is not the lack of an adequate spawning stock. Menhaden are not overfished. Mature egg indices have been at or above target levels throughout the past decade.
 
Historical evidence also substantiates the position that factors other than fishing are most important in determining stock levels. For example, excessively high levels of fishing that occurred between 1962 and 1981 did not prevent the stock from recovering from very low levels during the 1980s.
 
It is far from certain that the stock will respond to a reduction in fishing. It is much more likely that the stock will respond when environmental conditions favorable to reproduction occur.
 
Omega Protein did not oppose establishing a lower overfishing threshold in order to give the ASMFC an opportunity to see if the stock would respond favorably to lower fishing mortality rates. Omega Protein does not believe that the communities dependent on the menhaden fishery should be forced to suffer severe economic hardship without evidence that such hardship will yield substantial benefits.