Fishing Industry Alerts

Dale Jones, NOAA Fisheries Director of Enforcement, in a December 17 memo, described a trip to the Northeast Regional NMFS office in Gloucester with NOAA's Mary Glackin, Andrew Winer and Mary Beth Ward.

Dale Jones, NOAA Fisheries Director of Enforcement, in a December 17, 2009 memo obtained by Saving Seafood, described a trip to the Northeast Regional NMFS office in Gloucester with NOAA Deputy Under Secretary Mary Glackin, NOAA Director of External Affairs, Andrew Winer and Assistant General Counsel Mary Beth Ward.  The primary purpose of the visit was to conduct “listening sessions” with the personnel of the NOAA Office of Law Enforcement and NOAA Office of General Counsel for Enforcement and Litigation. 

Director Jones noted that since that the Office of Inspector General was asked by Dr. Lubchenco to conduct a nation wide review of NOAA Enforcement and GCEL operations the review itself and media attention have created a "somewhat uncomfortable environment" for NOAA enforcement employees in Gloucester.

He noted that with regard to the review he does not yet have "any specific decisions or dispositions to report."

He said that he has "great confidence" in the work done by his staff, noting "it is that work and the level of high quality work and integrity that has made [the] agency what it is.  Decision by decision, action by action, over many years, [their] work has proven to be based upon a very sound, reasonable, and reliable foundation."

Director Jones noted that "the NOAA Office of Law Enforcement and [their personnel] have great respect for the men and women of the fishing industry," and that "for the most part, those who are responsible for the more egregious violations are those who are simply looking out for themselves."  He said he raises these points "to acknowledge the fact that there are those who would seek to impede our efforts to stop illegal practices simply because it precludes or minimizes their opportunity to maximize profit at the expense of others and at risk to the fisheries."

He said that "when one examines the individual actions taken by this agency on a case by case basis, there is very clear and compelling evidence to reflect that such actions have been generated by and are supported by factual evidence of violations by the persons investigated and ultimately prosecuted".

He stated that his staff have carried out their duties "within very clearly proscribed parameters in a professional and commendable manner."

Read the complete memo from Director Dale Jones.

Signers request immediate action to restore six million pounds in total catch for 2010. Over one thousand Atlantic sea scallop fishermen, retail and wholesale seafood dealers, other scallop-dependent businesses, and their employees wrote to Dr. Jane Lubchenco, NOAA Administrator, on Friday to express their "extreme dismay with the New England Fishery Management Council’s recent decision" in favor of increased restrictions on the scallop fishery.

The signers, who hail from states up and down the east coast form Maine to Florida, and as far west as Ohio, accuse the New England Fishery Management Council of failing "to balance the conservation of scallop stocks with the economic and social health of the industry."  The Magnuson-Stevens Fishery Conservation and Management Act requires that "conservation and management measures…take into account the importance of fishery resources to fishing communities in order to (A) provide for the sustained participation of such communities, and (B) to the extent practicable, minimize adverse economic impacts on such communities."

The thousand-plus signers say the actions "will cause unnecessary damage to fishing communities from Maine to North Carolina, as well as local, regional and national economies, more generally, at precisely the wrong time."

The letter, which was organized by the Fisheries Survival Fund, of Fairhaven, Massachusetts, cites Federal scientists who have "stated that there are over 300 million pounds of harvestable-sized U.S. Atlantic scallops and that 65 million pounds could be caught sustainably" and asks "why the Council voted to allow only 41 million pounds of scallop catch next year, rather than the risk averse 47 million pounds the industry had sought for 2010." They asked for immediate action to restore the six million pounds in total catch for 2010.

According to the letter, "the 6 million pounds of scallops the Council narrowly voted to leave unharvested represent a loss of well over $40 million to scallopers—and hundreds of millions of dollars more to those of us who support this important industry. "

Under the proposed rules, according to the Fisheries Survival Fund letter, scallop vessels will be tied to the dock for over 300 days next year.

The letter was hand delivered to Dr. Lubchenco's Washington Office, and also delivered to Members of Congress, NOAA Fisheries Regional Administrator Patricia Kurkul, and the New England Fisheries Management Council.

The complete letter and list of signers may be downloaded from the Saving Seafood website via this link.

18 members of Congress wrote to Commerce Secretary Gary Locke today expressing their "extreme disappointment with the New England Fishery Management Council’s decision to reduce fishing days atsea for the scallop fishery.

The lawmakers asked the Commerce Secretary to take immediate actioninstructing the New England Fishery Management Council to revisit the original proposals in January.  They cited a letter from the director of the Massachusetts Division of Marine Fisheries to the NationalMarine Fisheries Service, in which Director Paul Diodati noted  thatscience and planning committees’ information regarding probability ofoverfishing was never brought by the Scallop Committee to the Council. "In fact," Director Diodati wrote "the Committee had nothing to offeron this critical issue. I believe this omission played a key role inthe Council adopting an F of ).20 with all its attendant consequences."

The eighteen signers wrote "The absence of any presentation to the fullCouncil by the Scallop Committee of the scientific recommendations ofthe SSC and PDT is a significant omission and warrants seriousreview…given the expectant economic losses that would result fromsuch an unnecessarily conservative proposal."  They noted that "fisherymanagers are supposed to take into account the scientificrecommendations…"

The letter was signed by:

Senator John Kerry
Senator Charles Schumer
Senator Paul Kirk
Senator Kirsten Gillibrand
Senator Jeanne Shaheen
Congressman Barney Frank
Congressman Walter Jones
Congressman John Tierney
Congressman John Adler
Congressman Timothy Bishop
Congressman Michael Capuano
Congressman Joe Courtney
Congressman James McGovern
Congressman Frank LoBiondo
Congressman Anthony Weiner
Congressman Robert Wittman

Read the complete letter on Saving Seafood; including the letter from Director Diodati referenced by the lawmakers.

Today, the U.S. Senate Committee on Commerce, Science, and Transportation held an Executive Session and favorably reported out S.2856, the International Fisheries Agreement Clarification Act.

The bill was introduced by Senator Olympia Snowe (R-ME), is and supported by Senators John Kerry (D-MA) and Paul Kirk (D-MA).

The bill’s language is strongly supported by the fishing industry, and was approved by the National Oceanic and Atmospheric Administration (NOAA), which has jurisdiction over fisheries.

Also today, Congressman Barney Frank (D-MA), Congressman John Tierney, Congressman Walter Jones (R-NC), and Congresswoman Chellie Pingree (D-ME)  announced that they have introduced the House companion to the Snowe bill, H.R.4369, the International Fisheries Agreement Clarification Act.

In a press release, Congressman Frank’s office describes the legislation as a bipartisan bill that would give the National Marine Fisheries Service (NMFS) greater flexibility for the management of cod, haddock and flounder on Georges Bank.

The bill addresses a disparity between U.S. and Canadian law that is estimated to cost the regional economy over $150 million.  The Magnuson-Stevens Act, the U.S. law governing fishing stocks, provides additional rebuilding flexibility to NFMS for fish stocks subject to international agreements.  Currently, the U.S. State Department regards the George Bank Fishing accord between the U.S. and Canada as only an “understanding,” which does not trigger any flexibility under the Magnuson-Stevens Act.  The new bill would specifically define the Georges Bank accord as an “agreement,” providing NFMS with greater flexibility to manage those stocks.  This is necessary because the Magnuson-Stevens Act requires that fish stocks be completely rebuilt by 2014; Canadian law does not have a fixed timeline, which allows Canadian fish catch limits to exceed that of their American counterparts.

“American and Canadian fisherman should be on a level playing field,” said Frank (D-MA).  “This bill will end the economic discrepancy that currently exists, and I will work with my colleagues to pass this legislation as soon as possible.”

“For too long the current system has been breeding inequities amongst our respective fishing communities,” said Congressman John F. Tierney (D-MA). “This legislation would standardize the framework for our local fishing industry and codify the agreement between our nations.”

“Reasonable, common sense fisheries policies that support both sustainable fishing communities and sustainable fisheries are critical to the long-term economic health of coastal states like Maine,” said Congresswoman Chellie Pingree (D-ME).  "New England fishermen are struggling hard to rebuild depleted fish stocks.  With fish that ignore international boundaries, it only makes to sense to work with our neighbors to the North to jointly manage these stocks and make sure that all fishermen, both US and Canadian, take responsibility for rebuilding depleted fish stocks.”

 

Congressman Barney Frank says he will call an East Coast congressional caucus within two weeks to organize what he recognizes will be an uphill battle against environmental forces to create a more equal balance between the reconstruction of fish stocks and community interests.

Announcing his effort in a telephone interview Thursday during the Saving Seafood hour on New Bedford radio station WBSM-AM,  Frank said the New England Fishery Management Council’s decision last month to cut back harvests of scallops was influenced by "some of the more rigid environmentalists."

"We have a reasonable chance, not quite 50-50," said Frank.

But he said the effort was justified because of the unrequired harm being done to the fishing communities along the Atlantic coast by regulators who misinterpret the legal principle imbedded in the Magnuson-Stevens Act to balance ecological with economic and sociological interests.

"We’re reaching out to everyone," said Bruno Freitas, Frank’s chief of staff. He said U.S. Sen. John Kerry and Congressman John Tierney of Salem, who represents Gloucester, "are on board."

Listen to Congressman Frank’s interview on the Saving Seafood hour on WBSM.

Read more about this effort at The Gloucester Daily Times.

Congressman Barney Frank has expressed disappointment over the New England council decision on scallop restrictions; and stated determination to re-examine Magnuson. WASHINGTON – Nov 23, 2009 – In the wake of a decision to further restrict scallop fishing, Congressman Barney Frank expressed determination to "reexamine" fisheries law.  The Magnuson-Stevens Fishery Conservation and Management Act was last reauthorized in 2006.

The Congressman expressed disappointment with the New England Fishery Management Council’s recent decision to reduce scalloper’s days at sea. “We should be looking at ways to improve access to abundant scallops in closed areas and not continually reduce what fishermen are allowed to catch. This reinforces my determination to not only work through this situation, but to reexamine the law as well," said Congressman Frank in a press release.

Last week, the New England Fishery Management Council reduced days at sea for full-time scallop vessels fishing in open areas to 29 days, and decreased the number of allowed trips to special access areas from 5 to 4 for the 2010 fishing year.
 
“The economic impact to fishermen and the regional economy is substantial,” said Congressman Frank. 

In August, two independent studies, one by NOAA and one by UMass, were in agreement concluding that numbers of young scallops were rising. Read the studies and coverage by the Boston Globe and Standard Times here.

Last month, following up on an October 6th meeting, Congressman Frank wrote to NOAA Administrator Jane Lubchenco asking for a review of the issues discussed “so that substantive action can mitigate some of the economic stress this industry is currently experiencing.”  A list of the issues raised in the meeting and a copy of the Congressman’s letter is available here.

Ahab’s Journal is a blog containing "news about, and of interest to, the Commercial Fishing community on the Outer Banks of North Carolina."  It is published in association with the Outer Banks Sentinel. Ahab’s Journal has published a sample letter supporting Dr. Brian Rothschild, Dean Emeritus of the School for Marine Science and Technology at the University of Massachusetts – Dartmouth, for the position of Administrator of the National Marine Fisheries Service.

The letter is made available to make it easier for those in the fisheries community, who believe Dr. Rothschild should be appointed, to draft letters to their congressional leaders.

Individuals are encouraged to personalize their letter with their own concerns, if they wish, but if not they are encouraged to use this text in their e-mails, faxes, and letters.

Since the post-9/11 anthrax incidents of 2001, paper mail to Congress is screened for contamination and is therefore delayed.  Accordingly, the fastest way to communicate with members of Congress is via e-mail, the Member’s website, or via fax.

To look up the names, addresses or contact information for your Representatives in the House and Senate, a convenient website providing that information is http://www.congress.org.

Read the sample letter. 

The Pew Environmental Group has issued a press release announcing a background media briefing to discuss catch shares, specifically focused on Pew’s recent catch shares white paper. WASHINGTON, Oct. 30 /PRNewswire-USNewswire/ — On Tuesday, November 3, at 12
p.m. EST, the Pew Environment Group (PEG) will lead a background press
briefing to discuss catch shares, one means for managing how annual catch
limits of fish are allocated among fishermen.

In the coming weeks, the National Oceanic and Atmospheric Administration
(NOAA) Catch Shares Task Force will issue recommendations to guide fishery
managers as they explore development of these types of management programs for
federal ocean fisheries under their jurisdiction.

Tuesday’s call will focus on PEG’s new catch shares white paper, which gives
detailed background on these programs and how they are viewed under the
Magnuson-Stevens Act, along with a few case studies that highlight how this
tool can create problems or be successful depending on how it is designed and
implemented.  Community-based commercial fishermen and recreational fishermen
will share their experiences with and perspectives on these programs.

WHAT: Background press briefing to discuss the PEG’s new policy paper on catch
shares and case studies.

WHEN: Tuesday, November 3, 2009 at 12 p.m. EST

WHO: Lee Crockett – director of Federal Fisheries Policy at the Pew
Environment Group (moderator)

Mr. Crockett will discuss the PEG white paper.

Paul Parker – director of the Cape Cod Fisheries Trust

Mr. Parker will discuss Cape Cod hook fishermen’s successful sector
management.

Linda Behnken – executive director of the Alaska Longline Fishermen’s
Association

Ms. Behnken will discuss examples of well designed and problematic programs in
Alaska.

Zeke Grader – executive director of the Pacific Coast Federation of
Fishermen’s Association

Mr. Grader will discuss the concerns that small scale community fishermen have
with catch shares.

Dick Brame – executive coordinator for the Coastal Conservation Association’s
Atlantic States Fisheries Committee

Mr. Brame will discuss the concerns that recreational fishermen have with
catch shares.

CALL LOGISTICS:
Number – 800.351.6807
Password – fishing

This call will be recorded as an mp3 and will be posted to
www.EndOverfishing.org approximately three hours after the call ends.

    CONTACT:
    Dave Bard, Pew Environment Group, 202.486.4426
    Nancy Civetta, Pew Environment Group, 617-901-7193

SOURCE  Pew Environment Group

Dave Bard, +1-202-486-4426, or Nancy Civetta, +1-617-901-7193, both of Pew
Environment Group,

An official press advisory has been released by the organizers of tomorrow’s planned fisherman’s rally in Gloucester, Massachusetts. The event is scheduled for 8:30 a.m. to approximately noon outside the offices of NOAA Fisheries / National Marine Fisheries Service. The text of the release follows.

A recent story from the Gloucester Daily Times about the planned rally is available here.

HUNDREDS OF FISHERMEN TO RALLY IN GLOUCESTER

Demands include change in law, better management, economic analysis, and assistance when government policy creates job loss.        
 
Gloucester, Massachusetts – October 29, 2009  – Hundreds of commercial fishermen will rally outside the New England office of the National Marine Fisheries Service (NOAA Fisheries) in Gloucester, Mass., at 8:30 a.m. on Friday Oct. 30 to call for better federal fisheries law, regulations, and management, without which they say they can’t survive.

Rally organizers point out that at this time of national economic distress, it is imperative that NOAA joins the White House in focusing on economic recovery.  It is time that NOAA obeys the national fisheries law that instructs it to “minimize adverse economic impacts on [fishing] communities.”

The rally has four goals: [1] to demand flexibility in rebuilding timelines, and to support efforts in Congress to change unrealistic regulations; [2] to demand better management and greater professionalism from NOAA Fisheries; [3] to demand an independent economic analysis of the affects of planned fisheries regulations before they are enacted; and [4] to mitigate the effect of anticipated negative economic consequences with programs such as credit availability and buy-backs when government policy is expected to cause economic hardship; e.g. an expected reduction in the number of vessels and businesses.

Fifteen years of increasingly severe catch limits on cod, flounder and other groundfish are paying dividends off the New England coast. Rally organizers say that although the public has been fed a diet of gloom-and-doom stories about fish, stocks are making great strides. It is time, they say, that management plans reflected this.

“The fishermen have the evidence on their side,” said Jerry Fraser, editor of the trade journal National Fisherman and a longtime industry observer.  “For years they have been told that someday their sacrifices would pay off, yet now that stocks are recovering the government is telling them that tomorrow never comes.”

Rally organizers say that both the law and the management are flawed and need immediate attention.  They point to recent management failures such as NOAA’s inability to properly manage the scallop observer set-aside program[1][2].

Anticipated speakers include:
Allyson Jordan (ME, Owner Operator–Gloucester Take Out)
Amanda Odlin (ME, Husband Operator/Owner–Boston Take Out)
Joel Hovanesian (RI, Owner/operator–Point Judith)
Eric Anderson (NH, Owner/Operator–Portsmouth)
Jim Lovgren (NJ, Owner/Operator/former Mid-Atlantic Council member)
Richard Grachek (RI, Owner/Operator–Pt. Judith I think)
Mary Beth DePoutiloff  (Provincetown–owner/operator)
Tina Jackson & Brian Loftes (RI—Pt Judith—AAFC and Owner/operators)
Stephen Ouellette (Gloucester, Ma–Proctor of Admiralty, Esq.)
David Lincoln  (Gloucester, Ma—Coastal Geologist)

For further information on the four goals of the rally, please see the following addenda.

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

Unrealistic laws and regulations
Current federal law mandates that regional fisheries councils take action to end overfishing when it occurs within two years, and that troubled fish stocks are rebuilt within 10 years. Although the Magnuson-Stevens Act (Sec. 304) provides exceptions to the ten-year mandate for “biology” and “environmental conditions” NOAA Fisheries’ interpretation of the existing law has rarely permitted the exceptions intended by Congress.

“Mother Nature is not a constituent of the United States Government,” said rally organizer Amanda Odlin.  “We don’t object to ending overfishing within two years – no one cares more about the health of the fisheries than fishermen.  We object to the government placing artificial deadlines on nature.”

Last March, Members of Congress introduced legislation to amend Magnuson-Stevens to make clear Congressional intent to provide flexibility in rebuilding saying, “Current law can sometimes impose unduly strict timelines for rebuilding depleted fisheries.”

Rally organizers support the bipartisan efforts of Senator Charles Schumer (D-NY), Rep. Frank Pallone (D-NJ), Rep. Barney Frank (D-MA), Walter Jones (R-NC), Rep. Patrick Kennedy (D-RI), Frank LoBiondo (R-NJ), and John Adler (D-NJ) and bill co-sponsors to amend the 2006 reauthorization of the Magnuson-Stevens Act with the Flexibility in Rebuilding American Fisheries Act of 2009.

The congressional co-sponsors said the “10-year deadline is arbitrary, may have no basis in science, may require stocks to be rebuilt to unprecedented levels, and must be met without regard to the impact it will have on recreational and commercial fishermen, related industries, and the communities whose economic future depends on harvesting the fish.”

A “dysfunctional” agency

[3], Maine Senator Olympia Snowe observed, “we need to preserve the fish and the fishing stock and we also need to preserve the community.” Regarding the agency’s relationship with the industry, Senator Snowe said, “I’ve never seen it so polarizing.”

In her response, Dr. Lubchenco observed that the situation between NOAA and the New England fishing community had become “a seriously dysfunctional relationship” and she pledged to “begin to rebuild the trust” including trust in “diverse points of view”.  She noted that polarization had “poisoned all of the discussions” and supported collaborative research efforts where “scientists and fishermen together are taking the data that they can both believe in and both rely upon…to serve as a basis for having a reasonable discussion.”

Event organizers note that there have been no significant organizational changes at NOAA Fisheries Gloucester despite Dr. Lubchenco’s pledge. An organizational audit and overhaul of the agency is needed and should be begun right away.

NOAA Fisheries’ history of management failures continues.  Two recent examples are the scallop set aside program and computational errors in the skate complex.

Because NOAA failed to properly manage fees paid by industry on all scallop landings, funds for the scallop observer set aside program ran out halfway through the current fishing year.  Instead of owning up to this error and finding NOAA funds to continue the program, NOAA chose to hide behind regulations and force vessels to pay individually for observer coverage that have already paid for collectively through the industry-funded set-aside.

In another instance, an error that can only be characterized as a remarkably stupid mistake may still cost hundreds of jobs in New England.  As a result of including unavailable data as "zero" rather than "missing", the Scientific and Statistical Committee (SSC) of the New England Fishery Management Council set the 2010-2011 Acceptable Biological Catch (ABC) recommendation for the skate fishery 30% too low.  After the blunder was found, the revised recommendation increases the ABC by 28.6%, from 23,826 mt. to 30,643 mt.

Although this error was caught, the proposed trip limits on skate have still not been changed to reflect the recommended increase in allowable catch.

These are merely two examples of the poor management and bureaucratic sloppiness that have led to anger and distrust of the government by industry members.

We ask Dr. Lubchenco to take immediate, profound steps to end the dysfunction and polarization and move toward the “climate of trust” she pledged to do all in her power to achieve.

We also ask for Dr. Lubchenco’s continued support for more collaborative research between fishermen and scientists.  We have seen the success of such an effort in the scallop industry as a result of the award-winning work of UMass/SMAST[4], and ask for Dr. Lubchenco’s concrete support of these types of efforts that she praised in her confirmation hearing.

 
Our government must care about people as well as fish

The rally will also call attention to National Standard Eight of the Magnuson-Stevens law, which says that regulators are to “take into account the importance of fishery resources to fishing communities” and “minimize adverse economic impacts on such communities.”

“NOAA has a lot of numbers about fish, but not about people,” said Tina Jackson of the American Alliance of Fishermen and their Communities “The law says NOAA is to provide for the sustained participation of fishing communities.  They can’t be obeying that law if they have only studied what their regulations do to fish and not to people.”

The New England fisheries are scheduled to move to a “catch share” management system next spring, under which individual fishers will own rights to catch fish. They can trade or sell these rights, which is intended to make fishing more efficient and provide a market-based incentive not to overfish.

Dr. Jane Lubchenco, director of the National Oceanic and Atmospheric Administration, has stated that "a significant fraction of the vessels will need to be removed to make the fishery sustainable and profitable," according to NOAA spokesman Scott Smullen. He continued, "she thinks capacity reduction is necessary."[5]

Rally participants demand independent credible and complete economic impact analyses of the anticipated effects of the transition to Catch Share management against a baseline of continued days-at-sea management.  Too often, NOAA economic analyses have only looked at lost revenue by vessel owners.  An independent economic analysis must be undertaken. It must look at not only the effect on vessel owners but also on fishermen, shore-side businesses, and employment in coastal communities, and examine the loss of multiplier effects throughout local economies.

 
The government must help the people it knows its policies will hurt

The rally will also demand that the Federal government provide resources to assist owners, employees, and others in fishing communities who are hurt by capacity reduction and other negative economic fallout of the move to catch shares. While NOAA has offered aid to assist in the transition to catch shares, including assistance for cooperative research, and sector implementation — which rally organizers applaud — direct aid for those expected to be hurt by the transition or removed from the industry must also be provided.

Making credit available to owners and businesses could provide this.  Fishermen are not looking for a handout—they are looking for a hand up.  Fishermen need access to credit to get through this transition.  With banks reluctant to lend after the global financial crisis, they need access to government loans to help build their businesses.

For some, even access to credit may not be enough, and a buy-back program is warranted to compensate owners of vessels that become part of the ‘capacity reduction” that NOAA has stated it anticipates.  Finally, economic assistance must be made available to shore side businesses and employees who experience economic hardship and dislocation.

 
Contact:
Amanda Odlin
aodlin@maine.rr.com
202-885-1335

[1] http://house.gov/frank/pressreleases/2009/10-05-09-scallop-letter-lubchenko.html
[2] https://www.savingseafood.org/management-regulation/correction-to-the-2010-2011-acceptable-biological-catch-abc-recommendation-for-the-skate-co-2.html
[3]http://commerce.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=9ba25fea-5f68-4211-a181-79ff35a3c6c6
[4] https://www.savingseafood.org/fishing-industry-alerts/smast-student-cate-okeefe-takes-top-award-in-berlin-for-paper-on-northeast-scallop-collaborative-res-2.html
[5] Gloucester Daily Times, Sept. 20, 2009.   http://www.gloucestertimes.com/punews/local_story_263223610.html

The U.S. House of Representatives today approved legislation that includes a number of fishing vessel safety improvements championed by Congressman Barney Frank. The following was released by Congressman Barney Frank’s office on Friday, October 23, 2009:

WASHINGTON, Oct. 23, 2009 — The 2010 Coast Guard Reauthorization bill (H.R. 3619) increases funding for the Coast Guard, and enhances its ability to carry out homeland security missions. The bill passed the House by a vote of 385-11.

Also, due to efforts by Congressman Frank that stretch back several years, the legislation also establishes marine safety as a core mission of the Coast Guard.  The bill creates a fishing safety training grant program; it calls for new federally funded research on improving safety technology in the industry; and it updates the requirements relating to on-board safety drills and equipment.  The legislation also establishes new safety standards for smaller vessels.

"Fishing is a dangerous business,” said Congressman Frank, “but there is a lot that can be done to minimize the hazards faced by fishermen.  This bill makes safety training and research a high priority, and it provides the resources necessary to make a difference."

A number of the fishing safety provisions were included in the bill were based on ideas Frank had proposed in 2006.  Some were also drawn from recommendations made by fishermen and other safety experts during public meetings on safety in New Bedford.

In addition, the bill also mandates, at Frank’s request, that single hull oil barges traveling in Buzzards Bay use Massachusetts licensed pilots or federally licensed pilots with recent experience in the bay.  This provision is aimed specifically at addressing a gap in the Buzzards Bay safety standards that was identified following the disastrous oil spill there in 2003.

"Memories of the 2003 Buzzard Bay oil spill and its impact on our region are still fresh,” said Frank.  “We need to do everything possible to make sure it never happens again, and this bill takes an important step ensuring that pilots have the necessary experience and training to navigate Buzzards Bay."

The language regarding navigation in Buzzards Bay is meant to resolve a conflict between the Massachusetts State Legislature and the U.S. Coast Guard.  Following the 2003 Buzzards Bay oil spill, the Massachusetts State Legislature passed a law which made a number of changes to the requirements for oil transport in the bay, including a state pilot mandate. The Coast Guard filed suit successfully against the portions of the new state law that it claimed infringed on federal authority to regulate navigation.

After criticism by Frank and others, the Coast Guard eventually issued its own regulations requiring some of the same safety regulations that had been in the Massachusetts law, but these regulations did not include the state pilot requirement.  The bill which passed today would permanently resolve this issue, requiring that single-hull tankers in Buzzards Bay use either pilots licensed in Massachusetts or those licensed by the federal government who have recent experience in Buzzards Bay.

Among the fishing vessel safety provisions in the Coast Guard bill are the following:
Fishing Safety Training Grants Program. Based on a proposal originally in Frank’s proposed 2006 fishing legislation, this provision authorizes up to $3 million annually for training programs similar to those hosted by the City of New Bedford in recent years. The Coast Guard bill makes training mandatory for vessel operators, and also takes into account their years of experience as captains. It also requires vessel operators to take a refresher course every 5 years. Participation by crew-members would be voluntary, and both operators and crew-members would receive certificates of participation. In addition, the names of all those who participate in the training programs would be maintained in a publicly accessible database.

Fishing Safety Research Grant Program. At Frank’s request, the Coast Guard bill adds fishing safety research to the Coast Guard’s annual research and development efforts. Under this provision, research topics eligible for funding would include vessel design, emergency and survival equipment, communications devices, de-icing and severe weather technology, and safety enhancements for Vessel Monitoring Systems (VMS). The potential expansion of VMS technology for safety purposes was brought up by a number of fishermen at New Bedford public meetings.

Inspections, Drills and Equipment. Similar to a provision in Frank’s 2006 bill, the Coast Guard bill requires fishing boats to keep logs of the onboard safety drills required under existing law. In addition, all federally permitted vessels would be required to undergo a dockside inspection twice within a five year period (expansion of dockside inspections was raised in New Bedford public meetings). Also, the bill standardizes the safety equipment required of fishing boats operating in federal waters, though the Coast Guard would maintain its current power to exempt vessels from some of the requirements, based on where, when and how they fish.

Safety Standards for Smaller Vessels. Frank’s 2006 bill called for new safety standards for vessels between 50 – 79 feet in length, and he urged that this concept be included in the Coast Guard bill. The bill includes several provisions aimed at phasing in new standards, depending on the size of vessels and when they were built. Specifically, new fishing vessels 50 feet or over in length, or those that undergo major alteration after the bill is signed into law, would have to be constructed and maintained in accordance with the standards of a recognized classification society such as the American Bureau of Shipping (ABS). Beginning in 2018, existing vessels 50 feet and over that are 25 years old or older would have to meet either classification standards or alternative compliance standards to be developed by the Coast Guard in cooperation with industry. The alternate compliance standards could vary based on the specific region or fishery. Also, any new fishing vessel over 79 feet would have to obtain a "load line."

Frank had proposed an array of safety improvements as part of fishing legislation he introduced in 2006 (H.R. 4940). Most of those proposals were not included despite the urging of Frank and other House Members, in the Magnuson-Stevens Fishery Act reauthorization bill that Congress passed in December 2006. The decision to exclude the safety provisions from the final Magnuson bill was made by Republican committee leaders, on the grounds that Coast Guard matters lie within the jurisdiction of the Transportation Committee as opposed to the Resources Committee (which covers the Magnuson Act).

When the Magnuson bill passed in that form, Frank pledged to pursue safety improvements as part of separate legislation. In March 2007, he sponsored a public forum in New Bedford on fishing safety, and then testified before the Coast Guard Subcommittee at a safety hearing on April 25. At Frank’s request, Deb Shrader of the New Bedford-based organization Shore Support also testified. Following that hearing, Frank has worked with Coast Guard Subcommittee Chairman Elijah Cummings (D-MD) and Transportation Committee Chairman James Oberstar (D-MN) to the develop safety provisions and the Buzzards Bay pilot language, which are included in the Coast Guard bill.