Management & Regulation

Last week, the inspector general of the U.S. Commerce Department released the results of an audit which indicates that the federal fisheries law enforcement agency, the National Oceanic and Atmospheric Administration, is using fine money to purchase take-home cars, boats, and travel. As a former prosecutor I am astonished at the arbitrariness of the penalties, and now further horrified at the way NOAA utilizes the money. This profiting by our government is yet another reason why many of our citizens distrust our government.

The inspector general's report supports the "arbitrariness" contention of many of the hard-working fishermen. However, the inspector general's audit is not the only evidence supporting NOAA's arbitrariness. In the past few weeks NOAA has decided to increase the catch weight of certain species by nearly six times the current limits. How can such a dramatic increase occur?

It occurs because for the first time NOAA is feeling the heat and thinks such adjustments will provide the novice with the appearance that they are thoughtful and deliberate in their decisions. However, this symbolic act merely exemplifies the absolute arbitrariness of the NOAA policies.

Read the complete story at The South Coast Today [subscription site]

NOTE: The Standard-Times is a subscription site.  Unregistered visitors are able to read three stories per month, and registered visitors may view ten.  For unlimited access, please follow the subscription instructions on the site.

 

 

 

 

 

Each week, on WBSM in New Bedford, Massachusetts, Bob Vanasse of Saving Seafood joins host Phil Paleologos to discuss issues related to the fisheries with news-making guests.

NEW BEDFORD, Mass. – July 8, 2010 – Appearing on the Saving Seafood hour on WBSM radio in New Bedford, Massachusetts, today, Congressman Barney Frank called for Dr. Jane Lubchenco to be replaced as Administrator of the National Oceanic and Atmospheric Administration.

[click here and listen now]

 

 

 

NOAA has issued the following…

In case you missed the series of outreach meetings to answer questions about the new groundfish regulations which went into effect on May 1 — NOAA Fisheries Service will be hosting a Telephone Townhall on Monday, July 12, 2010 from 5-7 pm.

The purpose of the Townhall is to provide another opportunity for members of the fishing industry to speak to NOAA Fisheries Service staff about the new regulations.

NOAA Fisheries Service will have staff on hand from various divisions to answer technical questions and clarify new measures on topics including VMS reporting requirements, Dock-side and At-Sea Monitoring, etc.  To join the Townhall Conference Call, just dial the following number and enter the corresponding password.  If you have any questions about the Conference Call, please contact Olivia Rugo 978-281-9167 or Suzan Oliver 978-281-9343.

Call in Number: 888-577-8992

Participant passcode: 4610800

 

 

 

 

 

The latest salvo in the ongoing struggle to control Virginia's menhaden  fishery comes from Omega Protein Corp.

The Texas-based fish processor, which employs 250 in the Northern Neck town of Reedville, announced Wednesday it would not participate in a panel organized by state Sen. Ralph Northam, D-Norfolk, to study the silvery bait fish. The decision is notable because Omega is Virginia's largest menhaden processor.

The company cited several reasons for opting out, including that meetings are scheduled in Newport News, Richmond, and Fredericksburg – not Reedville. 'It almost seems like they're intentionally avoiding Reedville," said Ben Landry, company spokesman.

Read the complete story from the Daily Press.

 

 

 

 

 

Fishery scientists have recommended a five-year moratorium on lobster fishing in the Southern New England area, citing reproductive failure and other problems caused by a steady rise in ocean temperature since 1999.

If implemented, the moratorium would put an end to a valuable fishery whose members say they have been blindsided.

“We’re done. From Cape Cod south, Long Island Sound to Jersey. No compensation, no nothing,” said Vinny Damm, a Montauk lobsterman since 1978.

“It’s going to affect a lot of people in Montauk, Rhode Island, Connecticut, Shinnecock, all the way to Cape May, N.J. Not just fishermen,” he said, “but the pack-out docks, the trap builders, all the way down the line.”

Read the complete story from the East Hampton Star.

 

 

 

 

 

 The Council Report summarizes major issues voted on or discussed at each regularly scheduled NEFMC meeting. The Council met most recently on June 22-24, in Portland, ME. At its June meeting, the Council addressed issues related to monkfish, groundfish, sea scallops essential fish habitat and management priorities.

Monkfish

Amendment 5 measures approved 
At its meeting in Portland, ME last week, the New England Fishery Management Council cast its final vote to approve Amendment 5 of the Monkfish Fishery Management Plan and forward the package of management measures to the Secretary of Commerce for review. The Council approved a suite of new monkfish rules at its April meeting, but a decision on the annual monkfish catch target for 2011-2013 for the Northern Management Area (NMA), which includes New England waters, was conditional, pending the outcome of analyses associated with an alternative target.

Results presented at the meeting, indicated the alternative target would have set the monkfish total catch at 13,988 metric tons, or 31 million pounds, but the Council chose to retain its initial target of 10,750 metric tons or 24 million pounds. The more conservative target level was adopted because it is more likely ensure greater stability of the monkfish resource and better opportunities for those who participate in the fishery, especially given the high degree of scientific uncertainty associated with the current stock status.

The Council has also approved a 2011-2013 annual catch target for the Southern Management Area (SMA) of 11,469 metric tons, or 25 million pounds. The new SMA and NMA catch targets represent increases of 75% and 100%, respectively, over the catch targets in place since 2007. These increases are justified based on peer reviewed stock assessments that have concluded both monkfish stocks are above their management biomass targets. But the assessments contain statements about the uncertainty associated with the scientific understanding of monkfish biology, a situation that warrants a precautionary management approach.

The Monkfish Plan and its amendments are prepared jointly with the Mid-Atlantic Council. Both Councils have now approved the new management measures which are expected to be in place at the start of the fishing year in May 2011, if approved by the National Marine Fisheries Service on behalf of the Secretary of Commerce.

Groundfish

Framework 45 initiated: yellowtail flounder, Gulf of Maine winter flounder and pollock to be revisited; party/charter control rule reaffirmed

New measures discussed at last week’s Council could mitigate some of the negative impacts being experienced by several “sectors” and the “common pool” fishery organized under the rules of the newly implemented catch share program, Amendment 16 to the Groundfish Plan.

Issues identified for further development and inclusion in Framework Adjustment 45 included the following, beginning with a request to the Council’s Scientific and Statistical Committee to review any new data collected and determine whether these would affect the current allowable biological catch (ABC) recommendation for Gulf of Maine winter flounder:

·       Adopting new status determination criteria for pollock, and setting a new allowable biological catch and annual catch limit for 2011-2012 –- a change that could result in an increase in pollock catches.

·       Modifying the Georges Bank yellowtail flounder rebuilding strategy – possibly resulting in a longer rebuilding period with less negative consequences for fishermen.

1       Adopting new sectors based on requests received by May 1, 2010. 
2       Exempting Handgear A and B permits from dockside monitoring requirements (currently scheduled to be effective in fishing year 2012 for common pool vessels).

3       Protecting spawning cod aggregations; during this very preliminary discussion, the action was intended to apply to specifically identified aggregations targeted by recreational fishermen in the Ipswich Bay/Whaleback areas of Mass Bay and sector vessels fishing in blocks 132 and 133; it also could include a May and June prohibition of cod possession by recreational fishermen in defined areas of blocks 132 and 133, or a closure of these areas to recreational fishermen, and removal of the sector exemption from the June rolling closure in blocks 132 and 133.

·       Allowing General Category scallop dredge vessels to fish in the Great South Channel area year round (remove the current seasonal prohibition during yellowtail flounder spawning).

The Council also voted to reaffirm the existing control date for Northeast Multispecies party/charter permits (March 30, 2006). While there was recognition that it needed to address the management concerns of the party/charter industry, the development of additional party/charter measures will be determined through the Council’s priority setting process.

The groundfish framework adjustment is scheduled for implementation in fishing year 2011.

Sea Scallops

Framework 22 Moves Forward 
On the heels of final steps to complete Amendment 15 to the Scallop Plan, the Council unanimously approved a motion to initiate Framework Adjustment 22 last week. The action will contain fishery specifications for 2011-2012, including the area rotation schedule for the next two years and measures to minimize the impacts of incidental take of sea turtles in the fishery. Additional issues under consideration at this early stage of development include modifications to the vessel monitoring systems (VMS) and other measures based on Scallop Advisory Panel input, such as delaying the opening date of Mid-Atlantic access areas for general category vessels and revisiting a provision to allow limited access general category IFQ vessels to possess up to 100 bushels of in-shell scallops seaward of the VMS demarcation line.

There also may be consideration of a new, shorter and/or smaller rotational area in the Great South Channel, modifications to the overfishing definition and scallop reference points, and gear restrictions for small dredge permit vessels operating in the rotational access areas. The Council also reviewed the research priorities approved by the Scallop Committee for the 2011 and 2012 Research Set-Aside program. Final approval of Framework 22 is scheduled to occur at the Council’s November 16-18 meeting in Brewster, MA. 

Habitat

Update on the EFH Omnibus Amendment 
The overall goal of the second phase of Essential Fish Habitat Omnibus (EFH) Amendment 2 is to develop a series of alternatives that will minimize the impacts of fishing on EFH across Council FMPs.  Council staff and Habitat Plan Development Team (PDT) members reviewed ongoing Swept Area Seabed Impact model analyses, and the Habitat Committee Chair presented a series of preliminary tasking to the PDT based in part on those analyses. 

The Committee’s recommendations included new habitat management areas, removal of some existing habitat management areas, and development of research areas.  For all measures, they recommended upfront consideration of the tradeoffs between costs to habitat and costs to the industry.

These motions and the underlying analyses were discussed by the Council, and the tasking was approved for further development by the Habitat PDT, Committee, and Advisory Panel.  Additional meetings will be scheduled to refine these concepts into formal alternatives for Council consideration.

  
Management Priorities

Items revised in response to pressing issues 
In further discussions intended to sort out the number of management actions the Council will work on in 2010 and 2011, members continued to support work on a joint scallop/groundfish action that would allow the transfer of yellowtail flounder between the two fisheries. It placed the same level of importance on Framework Adjustment 45 to the Groundfish Plan (described above). 

Meanwhile, the Groundfish Plan Development Team was directed to use the following goals to shape its recommendations to the Council on measures relating to accumulation limits: 1) maintain inshore and offshore fleets; 2) to the extent possible, maintain a diverse groundfish fishery, including different gear types, vessel sizes, geographic locations, and levels of participation; 3) maintain a balance in the geographic distribution of permits to protect fishing communities and the infrastructure they provide and 4) prohibit any person or government entity from acquiring or controlling excessive access to the resource, through in order to prevent extraction of disproportionate economic rents from other permit holders. A revised priorities list is posted on the Council’s website under What’s New.

Materials on the Web 
Meeting materials related to the above issues and PowerPoint presentations that accompanied the briefings provided to the Council in April are located on the Council’s website www.nefmc.orghttp://www.nefmc.org/actions/index.html.

                                    Next Council Meeting – September 28-30, 2010, Newport, RI

 

 

 Read the NEFMC report here.

 

 

 

 

 

 

Each week, on WBSM in New Bedford, Massachusetts, Bob Vanasse of Saving Seafood joins host Phil Paleologos to discuss issues related to the fisheries with news-making guests.

Ray Lamont, editor of the Gloucester Daily Times, joins Phil Paleologos and Bob Vanasse on WBSM's Saving Seafood hour to discuss the paper's four-day, multi-part series on the New England Fishing Industry.

[click here and listen now]

 

 

 

A seminal policy paper published after the election of President Obama, primarily sponsored by EDF and written by Lubchenco and a team of like-minded scientists, asserted that "catch shares, regardless of their form, have been proven to restore economic and environmental health to ocean fisheries."

The paper explained that catch shares transform wild resources that have traditionally been commonly owned into tradeable catching rights. The value of those shares, no matter what their size, increases as the value of the fishery increases, encouraging conservation.

Catch shares have proved a very hard sell.

The fishing people saw little reason to change to catch shares, as Lubchenco and her supporters in EDF have learned. The effort to impose market principles befitting big business has left the Obama administration alienated from its political base around the working waterfronts and, except for EDF, from much of the environmental sector as well.

Even with Lubchenco at the head of NOAA, the EDF campaign has failed to sell catch shares to those they are supposed to benefit. Congressional hearings have been contentious and anti-catch share sentiment helped unify the commercial and recreational fishing sectors, powering the "United We Fish" rally in Washington, D.C., last February. On catch shares, EDF, Lubchenco and the Obama administration are largely on their own.

Even other green activist groups, such as the Pew Environment Group, Ecotrust and Food & Water Watch, have expressed doubts about the catch share system, warning that it can destabilize coastal fishing cultures that have survived for centuries.

Read the complete story from the Gloucester Daily Times.

 

 

 

 

 

 

The business model devised by Giacalone and his colleagues at the Northeast Seafood Coalition sought to adapt the system to the New England fishery's 19 stocks of 15 species in three ocean epicenters — the Gulf of Maine, Georges Bank and the waters of Southern New England. A more unwilling partnership would be hard to find.

Giacalone, as cofounder and policy director of the Seafood Coalition, knew its members were hostile toward catch shares and the government regulators seeking to impose them. The hostility, said Giacalone, "didn't change the task at hand, which was allowing the industry to survive."

Pragmatism was what made the coalition the most powerful fishing industry group in New England. It had amassed a multi-million-dollar war chest to support Gloucester fishermen by tapping a settlement with the developers of two offshore liquefied natural gas terminals that the coalition had fought. Born of economic necessity in 2002, the Northeast Seafood Coalition is the umbrella trade association for once-splintered groundfishing interests and related shoreside businesses spanning mid-coast Maine to Long Island, N.Y. "There was a history of segregated interests," explained the coalition's executive director, Jackie Odell. "You had trawlers versus gillnetters, port versus port, inshore versus offshore, different states." While fishermen remained divided, government regulators were poised to further shackle them by cutting the number of days they were permitted to fish and restricting where they could fish.

Historically, fishermen were limited by complex rules under the Magnuson-Stevens Act, enacted in 1976, amended in 1996 and 2006 and designed to protect the seas from overfishing. Tighter controls were required after the New England Conservation Law Foundation successfully sued the government in 2002, claiming that the managers of the fish stocks were not following the mandates of Magnuson.

Nancy Gaines has been editor of two newspaper chains and four magazines, including the Improper Bostonian. She was founding editor of the Boston Business Journal and has reported for The New York Times and Boston Globe. She is now a publishing consultant and special projects writer. She lives in Gloucester and is married to Times staff writer Richard Gaines.

 

Read the complete story from the Gloucester Daily Times.

 

 

 

 

 

 

The Alaska delegation to the North Pacific Fisheries Management Council signaled a shift in policy at the June meeting in Sitka. The group severed processor ties to harvesters and took steps to sharply curtail transfer and leasing of catch allocations for the Gulf of Alaska rockfish fishery.

The six voting members from Alaska, which include Department of Fish and Game Commissioner Denby Lloyd, represent a controlling bloc of the 11-member federal council that governs the Gulf of Alaska fishing waters.

The Alaska delegation successfully pushed for a dramatic overhaul of the five-year rockfish pilot program scheduled to sunset after the 2011 season.

Council member Duncan Fields of Kodiak said the "important, innovative" structural changes to the rockfish program were intended to not only shape state policy, but national policy as well by emphasizing cooperative fishing over individual fishing quotas.

Read the complete story at The Alaska Journal of Commerce.