Management & Regulation

The higher yellowtail limits are set to go into effect with the new fishing year's start in May, but fishermen have pushed for immediate relief. The change could go into effect earlier if regulators can find a way to do it, said Patricia Kurkul, the Northeast regional administrator for the National Marine Fisheries Service.

"Given the lateness (in the fishing year) of this legislation, there's a lot of complexity," she said. "We're trying to figure out how quickly we can do this."

Fishermen have also argued for a higher yellowtail catch limit, saying it was needlessly low, and threatened their businesses. Under federal rules, if fishermen exceed their limit on one species, they must stop fishing on all stocks.

A higher yellowtail limits frees up fishermen to chase other species that swim in the same area, such as winter flounder and haddock, with less worry they'll inadvertently catch too much yellowtail and exceed their catch limit.

Each year as part of the United States-Canada Transboundary Resource Sharing Understanding, the U.S. and Canada divide the fish that swim in a 45,000-square-mile section of U.S.-Canadian waters. Yellowtail flounder is the only species that was immediately affected by the new law because it was the only one that's entirely contained in this area.

Read the complete story by The AP at Bloomberg.

 

 

 

 

 

 

 

Feb 2, 2011 – A bill by Virginia State Sen. Ralph Northam to move management over to the Virginia Marine Resources Commission was sunk recently in the Senate Agriculture, Conservation and Natural Resources Committee by a 14-1 margin.

The Atlantic States Marine Fisheries Commission says overfishing is not occurring, while proponents of tighter restrictions on commercial harvests point out menhaden populations are at historic lows and declare their belief that menhaden populations near the bay are particularly depleted.

The Chesapeake Bay Program notes on its website that scientists are developing a multi-species virtual population analysis tool for the Atlantic menhaden stock, which will document how fishing and predation simultaneously affect the coastal Atlantic menhaden stock.

Applying sound science to this issue can't happen soon enough.

Read the complete story from The Free Lance-Star.

OTHER PERSPECTIVES:

Virginia Legislators Withdraw Bills that Would Hurt Menhaden Industry 

ATLANTIC MENHADEN: Facts and Unsubstantiated Claims

 

 

 

 

 

 

 

NOAA and the special interests in the environmental community are trying to avoid at all costs any public scrutiny of their relationship. That can only mean they have something to hide.

Environmental groups love to portray themselves as on the side of the angels — guardians of the planet against evildoers who would despoil it with pollution or suck it dry of resources.

If they are that confident in their righteousness, they should be happy to open themselves to the same kind of scrutiny they would demand of those they consider enemies of the environment — and for some of them, fishermen fall into that category.

Real credibility does not come from hiding activities, communication and relationships. It comes from transparency.

Read the complete opinion piece from Newburyport News.

 

 

 

 

 

 

NEW BEDFORD — Canadian negotiators agreed Wednesday to allow U.S. fishermen to catch 18 percent more yellowtail flounder in the fishing year starting May 1, a major boost for the groundfishing industry, according to U.S. Rep. Barney Frank.

Meanwhile, federal regulators announced increases in catch limits for 11 species in the new year that Frank, D-Mass., called "another piece of good news." The three biggest increases, 40 percent or more, are for Southern New England/Mid-Atlantic yellowtail flounder, witch flounder and Southern New England winter flounder.

The increase in the deal with Canada, which amounts to 2.5 million pounds, relaxes the grip yellowtail flounder had on the ability of New England fishermen to catch all species of groundfish and scallops. The new limit is 44 percent higher than what had been proposed for Georges Bank yellowtail in the coming year.

As a "choke species," yellowtail is sharply limited, and, when the limit is reached, the scallopers and the groundfishing within a "sector" must stop entirely. The new limits, if approved by National Oceanic and Atmospheric Administration administrator Dr. Jane Lubchenco, will allow boats to keep fishing longer and get a greater percentage of the total allowable catch in all species, said Frank aide Bruno Freitas.

Dr. Brian Rothschild, of the UMass School of Marine Science and Technology, who also chairs the mayor's fishery council, said: "It looks like everything that people have been saying is having an effect. The congressmen, the senators and everybody pushing this is having a positive effect."

Read the complete story from The South Coast Today.

 

 

 

 

The Council Report summarizes major issues voted on or discussed at each regularly scheduled NEFMC meeting. The Council met most recently on January 25-27, 2011 in Portsmouth, NH.

At its January meeting, the Council addressed issues related to skates, herring, groundfish, scallops and monkfish. The Council also heard presentations on a range of important issues: ecosystem-based fisheries management; an ocean observatory initiative proposed for offshore Southern New England; the findings of the November 2010 SAW/SARC meetings on Loligo, as well as silver, red and offshore hakes; and a review of bluefin tuna and swordfish management issues discussed at the recent ICCAT meeting.

Read the council report.

 

 

 

 

 

Keys fishermen said a resounding “no” at a public workshop Thursday in Key Largo to a controversial federal proposal to use catch shares to manage the commercial snapper-grouper fishery in the South Atlantic.

The South Atlantic Fishery Management Council says nine stocks of snapper-grouper from North Carolina to the East Coast of Florida are either overfished or about to be depleted to unhealthy levels. Since 2008, the council has been discussing the use of catch shares as a tool to stop overfishing and boost stocks.

If that referendum were held today in the Keys, it would be thumbs down – if comments at Thursday’s meeting are any indication.

“There’s probably going to be two-thirds of the fishermen now are going to be out of business,” warned Bill Kelly, executive director of the Florida Keys Commercial Fishermen’s Association. “We are talking in excess of 2,000 people. You would literally collapse the economy of the Florida Keys.”

Read the complete story from the Miami Herald.

 

 

 

 

 

 

U.S. Sen. Scott Brown's legislative proposal targeting changes in the Magnuson-Stevens Act would subject federal fisheries policy actions to systematic, independent economic analysis on an annual basis.

And his bill was applauded across the industry Wednesday as a needed lever to compel bureaucratic compliance with the Magnuson Act, which governs the regulation of America's fisheries.

In Gloucester, the Northeast Seafood Coalition, the region's largest industry group, said the National Marine Fisheries Service's failure to balance community well-being and industry harvest with conservation efforts made it necessary for independent evaluation of the impacts of regulatory actions.

Industry attorney Stephen Ouellette made much the same point, but went further, ascribing to fisheries' officials actions "to weaken the industry in advancing "a political conservationist agenda."

"One has to wonder whether NMFS has been stretching the truth and misleading the industry, the general public and Congress," the Gloucester-based attorney added.

Ouellette proposed a "complete retrospective analysis" of faulty projections of landings by regulators, which he has calculated has cost the New England economy as much as $500 million beyond the social costs in moving working fishermen into the ranks of the unemployed.

"The Commerce Department must be forced to comply with an independent fisheries impact statement, so that officials at NOAA and the Commerce Department cannot ignore the situation or tailor the results of the statement to their own purposes," Brown said in a prepared statement.

Read the complete story from the Gloucester Times.

 

 

 

 

 

Massachusetts is home to two of the nations most lucrative fishing ports – New Bedford and Gloucester. So Massachusetts politicians will, of course, stand up for their fishermen. And New England has never been known for overly cordial fisherman-regulator relations. But the fight seems to have escalated to a new level in recent months. Here’s the run-down.

May 1st, 2010: The New England multi-species groundfish fishery (fifteen species including cod, haddock, and flounder) becomes one of the first in the nation to transition to a management scheme known as catch shares, or sectors. Under the new system, a total catch limit is set for a given species or group of species. Fishermen are allotted a portion of the catch and can choose to fish their share, or sell or lease it to another fisherman.

May 7th, 2010: New Bedford joins a federal lawsuit contesting the legality of the catch shares system.

August 29st, 2010: Four months into the catch shares experiment, the new management scheme is “working just the way both its detractors and its supporters believed it would.” 60% of the fleet is sitting at the dock; fishermen have decided it’s more cost effective to sell their catch shares and wait for prices to rise. In a three-part series on the topic, the New Bedford Standard Times says there could be severe financial repercussions for businesses that support the fishing industry.

November 5th, 2010: Governor Deval Patrick submits a reanalysis of federal regulators’ data on fisheries stocks and economic impacts to Commerce Secretary Gary Locke with a request for emergency action to increase groundfish catch limits and provide financial aid to fishermen who fear they are being put out of business by the catch shares management system.

January 7th, 2011: Secretary Locke denies Governor Deval Patrick’s request to raise groundfish quotas and provide financial aid, saying that such a move would require new scientific data (not just a different analysis) and stronger evidence of economic hardship.

January 24th, 2011: Ten environmental groups, including Conservation Law Foundation, Oceana, Environment Massachusetts, National Resources Defense Council, and Pew Environment Group, send a letter to Secretary Locke thanking him for “the professional demeanor and objective consideration of the issues that NOAA and [National Marine Fisheries Service] staffs have displayed throughout this process.”

Read the complete story from WGBH.

 

 

 

 

 

Widely divergent views of so-called catch shares for fish species will dominate a federal fisheries session Thursday in Key Largo.

"Catch shares have become synonymous with job loss and fleet reductions," said Bill Kelly, executive director of the Florida Keys Commercial Fishermen's Association.

Under current federal fishery planning, regional managers establish annual catch limits for various species. Once those have been determined, one option could be rationing "catch shares" of the allowable catch to commercial and recreational fisheries.

In the recreational sector, that generally would translate to bag limits and seasons. Commercial fishermen would be given individual shares, in poundage, they can catch during a season.

Groups such as the Environmental Defense Fund contend a properly designed catch-share program can protect fishing stocks while letting commercial fishermen run their businesses more effectively.

Read the complete story from Keys Net.

 

 

 

 

 

Last year, investigation of Northeast Federal Fisheries Agency found a pattern of excessive fines levied on Northeastern fishermen and years of mismanagement by fisheries officials who made unauthorized purchases with funds.
 
A recent Commerce Dept. decision will prevent fishermen who believe they have been unfairly targeted by NOAA from a fair review of their cases; Schumer calls for Commerce Dept to open channel to allow them to do so.
 
Schumer: Commerce decision baffling in light of rampant mismanagement uncovered in Inspector General’s report – fishermen deserve the right to appeal their cases.

U.S. Senator Charles E. Schumer today blasted the United States Department of Commerce for its decision not to expand the scope of cases being considered by the special master appointed to review complaints over the National Oceanic and Atmospheric Administration’s (NOAA) excessive enforcement actions. The decision comes after an inspector general’s report released last year found that, over the course of the last four years, forfeiture funds, obtained through fines levied against fishermen and through selling seized property, were illegally used to purchase vehicles, boats, and international travel for employees of the Northeast Region of the Marine Fisheries Agency.
 
In response to the inspector general’s report, Schumer pressed the Commerce Department to review numerous cases in which New York fishermen claimed to have been unfairly targeted by enforcement agents of the Northeast Region Marine Fisheries Agency. Schumer noted that, at the time of the inspector general’s investigation, many Long Island fishermen did not participate in the review for fear of reprisal by NOAA enforcement officials.
 
In a letter to Secretary of Commerce Gary Locke, Schumer said that this latest decision by the Commerce Department unfairly denies fisherman the opportunity for modification or remittance of penalties, and urged the Commerce Department to open a channel by which fishermen can receive fair review of their cases.
 
“For years, officials in the Northeast Region Marine Fisheries Agency rampantly and recklessly used their authority to bankroll a slush fund obtained on the backs of hardworking Long Island fishermen. This latest decision not to expand the scope of the review of excess fines and enforcement is just the latest in a string of bad decisions by NOAA and the Commerce Department,” said Schumer. “It is bad enough that, on so many fronts, NOAA constructs barriers that make it difficult for hardworking fishermen to make an honest living, but it is beyond the pale to deny them due process of review for excessive and arbitrary enforcement and fines. The Commerce Department needs to immediately open a channel by which fisherman can receive a fair review of their cases so that justice truly be served.”
 
Last year, an Inspector General report found that regional offices of the Marine Fisheries Agency were acting autonomously and fines for the Northeast Region were exceedingly out of line with other regions throughout the country. According to the report, NOAA’s process for determining civil penalties were characterized by, “(S)ignificant discretion on the part of individual enforcement attorneys,” making it, “difficult to argue with those who view the process as arbitrary and in need of reform.” Further, the report pointed out that fines in the northeast region were significantly higher than any other region, suggesting that the northeast region was acting as a rouge local entity.
 
In light of this report, Schumer sent Secretary Locke a letter in October asking that the Special Master appointed to look at cases of abuse by enforcement officials in the Northeast be allowed to look at cases not included in the initial IG investigation of NOAA’s enforcement practices. Many of these individuals did not participate in the original report because they feared reprisal by NOAA enforcement officials. This was unsurprising, Schumer said, considering the allegations of corruption on the part of Fisheries enforcement agencts contained in the IG’s report.
 
“The Inspector General’s report created an opportunity for NOAA to finally address and rectify concerns that have been raised about its enforcement regime for years,” said Schumer. “This latest decision leaves doubts about its willingness to do so.”
 
A copy of Schumer’s letter to Secretary Locke is below.
 
 
Secretary Gary Locke
U.S. Department of Commerce
1401 Constitution Ave., NW
Washington, DC 20230
Dear Secretary Locke,

I am extremely disappointed with your decision to not expand the scope of cases to be considered by the special master appointed to review complaints regarding National Oceanic and Atmospheric Administration (NOAA) enforcement cases. This unjust decision denies New York fishermen who did not participate in the Inspector General’s (IG) investigation the opportunity to have their cases reviewed and seek modification or remittance of penalties. It is imperative that the Department of Commerce open a channel by which these fishermen can receive fair review of their cases.

The report released last year by the Office of the Inspector General was a shocking indictment of the way fisheries enforcement agents were running roughshod over fishing communities. I was especially alarmed to learn that enforcement officers in the Northeast region assessed fines that were significantly higher than those assessed in any other region.  It is clear that NOAA has a large task ahead of it to regain its credibility and more broadly regain our confidence in its enforcement regime.

Your decision to limit the scope of cases to be reviewed by the special master leaves New York fishermen who feel they have been wronged by NOAA out in the cold. I have been approached by a number of New York fishermen who would like their cases to be reviewed by the newly appointed special master. Many of these individuals did not come forward during the IG’s investigation for fear of reprisal by NOAA enforcement officials. The fact that these fishermen felt intimidated is not surprising given the findings of your own IG report. If the Department of Commerce is truly serious about repairing the broken relationship between the fishing industry and federal regulators it is imperative that these cases be reviewed.

It is unacceptable for the Commerce department to continue to deny fishermen their right to seek modification or remittance of penalties for enforcement actions that the agents itself has called into question. Only by allowing fishermen an option to have their cases reviewed can justice truly be served.

Thank you for your attention to this urgent request. Please contact Anne Fiala at 202-224-6542 with any questions.

Sincerely,

 

U.S. Senator Charles Schumer