Washington

In an abrupt reversal of policy, the Department of Commerce announced on today that it has agreed to grant significant concessions to New England fishermen, particularly those who have suffered at the hands of overly harsh law enforcement practices.

The principal reform measures outlined by Locke include:

– Granting a 51-day extension to the previously closed period during which fishermen may appeal penalties.

– Freezing penalty payments while any appeal process is underway.

– Standardizing law enforcement policies around the country while making the process more transparent.

– Finalizing policies regarding use of the Asset Forfeiture Fund to prevent further misuse of collected funds

– Conducting an independent audit of the Asset Forfeiture Fund extending back to 2004

– Ensuring policies are in place to prevent future misuse of the Asset Forfeiture Fund.

– Setting up cooperatives to work with fishermen with a view to simplifying fishing regulations

 

Read the complete story from The South Coast Today.

Read about it from NOAA News.

 

 

 

 

 

 

 

 

After months of extreme political pressure from Congress and the Northeast fishing industry, Commerce Secretary Gary Locke and the National Oceanic and Atmospheric Administration reversed course Wednesday and said more fishermen will be allowed to appeal disputed federal fisheries law enforcement cases.

Captains and business owners who feel they were unjustly treated by federal agents and lawyers will again have an opportunity to have their cases re-examined by Charles Swartwood, a former federal magistrate who last year was appointed as special master to investigate disputed NOAA actions.

Locke said he spoke with Swartwood on March 7 "and he indicated to me there may be a wider pool of cases."

But other politics came into play, too, when Locke this month was nominated as ambassador to China — subject to confirmation by the Senate Foreign Relations Committee chaired by Rep. John Kerry, D-Mass., who pushed for NOAA reforms.

Read the complete story from the Asbury Park Press.

 

 

 

 

 

The following comments were received by Saving Seafood from elected officials from Maine to New York

Massachusetts Lt. Governor Timothy Murray

“Today’s announcement from the US Department of Commerce is good news for Massachusetts fishing families, and builds on Governor Patrick’s leadership on their behalf.  Expanding the opportunity for fishermen to submit cases for special review, claiming potentially unfair and excessive enforcement is a significant step forward in rebuilding trust between our fishing communities and the federal agencies that regulate them. We applaud Secretary Locke for taking these actions.  We also hope that the department will work as quickly as possible to address the economic impacts on fishing communities and develop up-to-date cooperative stock assessments.”

Senator John Kerry (D-Mass.)

“I’m very grateful for today’s announcement, and for the candid, good faith conversations and negotiations we’ve shared. (On March 3, Kerry met with Secretary Locke and Administrator Lubchenco and spoke with White House Chief of Staff and former Commerce Secretary William Daley, and on March 11 again met with Administrator Lubchenco and spoke with Secretary Locke to discuss the dire needs of Massachusetts fishermen. Senator Kerry also followed up with a letter recommending a number of emergency steps to help the Massachusetts fishing industry.)

It’s a solid and welcome first step to repair the relationship between the Department of Commerce, NOAA, and our fishing communities that has been strained in recent years,” said Sen. Kerry.  “Our fishermen, fishing communities and the Massachusetts congressional delegation have been ringing this alarm bell and this is very welcome news that the government is responding. This is a first step but an important one and the hard work continues. Our fishermen have a deep hole to dig out of just to survive, and they desperately need the government at all levels to help them dig. Today the Commerce Department picked up the shovel. Many more actions are needed to address the economic impacts on our fishermen and I will continue my very close collaboration with the Administration to make sure we’re all pushing and pulling in the same direction.”
 
“I encourage anyone who believes they were fined unfairly for fisheries violations to take advantage of the appeal window and submit a complaint,” said Kerry.  “These changes overall will help ensure that money isn’t being taken out of the pockets of our hard working fisherman.”

Senator Scott Brown (R-Mass.)
 
Senator Scott Brown told Saving Seafood "I’m pleased that the New England delegation’s efforts have led to the Commerce Department reversing their misguided decision that would have prevented our fishermen from getting a fair review. Today’s announcement is good news for fishermen everywhere that have been unfairly targeted by an unaccountable NOAA enforcement system."
 
Congressman Barney Frank (D-Mass.)

Congressman Barney Frank told Saving Seafood  “We appreciate this response from the Obama administration to our requests for fairness for fishermen,” said Frank. “These announcements do a great deal to provide fairness to people who have suffered from what has acknowledged to be unfair treatment in the past.  It is equally important that the administration implement these safeguards to prevent similar mistakes from occurring in the future.”
 
The Congressman continued: “I appreciate the willingness of the Commerce Departments to listen to us and we appreciate the intervention and the willingness of the White House and the Commerce Department ultimately to respond in this way to our request.  We look forward to building on this positive step forward and to even more such improvements in the future.”

Congressman John Tierney (D-Mass.)

“Today’s announcement is welcomed news for the fishing community in my district and across the Commonwealth. For some time, I have been advocating for the Secretary to address these issues, specifically as it relates to higher fines, enforcement cases and the appropriate use of the monies within the Asset Forfeiture Fund. By taking these steps, the Department is showing a commitment to promoting accountability and ensuring fairness. I will continue to work with my colleagues and the Department to ensure the appropriate implementation of the policies, procedures and regulations announced today."

Senator Olympia Snowe (R-Maine)

“I appreciate the Department of Commerce finally recognizing the severity of the problem,” said Senator Snowe.  “As I raised to Administrator Lubchenco last fall and stated to Assistant Administrator Schwaab last week at a review of the Magnuson-Stevens Act, we must build a ‘culture of trust’ between the regulated and regulators.  I appreciate the Department’s significant decision to address past fines and also increase transparency for the entire penalty policy.  In addition, I welcome a holistic review of the complicated regulations that govern fisheries enforcement and a more transparent, coordinated approach to assessing fines and penalties.  I will continue to work to ensure that federal policies work for our fishermen while also restoring our critical resources.”

Senator Charles E. Schumer (D-NY)
 
“NOAA is finally doing the right thing for Long Island’s hard-pressed fishing community. It is high time they stepped up to right the wrongs caused by the excessive and unjust way that its enforcement agents targeted Long Island fishing community,” said Schumer. “This is a huge victory in our efforts to ensure local fishermen are treated fairly and in protecting the industry on Long Island from the economic damage caused by NOAA’s poorly managed enforcement regime.”

Senator Kirsten E. Gillibrand (D-New York)

“Fishermen and businesses who have been unfairly hurt by NOAA’s enforcement practices deserve to have their complaints heard. It is encouraging to see Secretary Locke and NOAA officials are taking a step in the right direction. I look forward to seeing the result of the asset forfeiture fund audit.”

 

 

 

 

 

 

 

Congresswoman Chellie Pingree today asked the nation’s top fisheries regulator to hold a hearing in Maine and allow more time for comment on proposed bluefin tuna fishing regulations. 
 
“The Obama Administration is proposing rules that would impact Maine fishermen, but aren’t giving Maine fishermen a chance to weigh in on the rules without having to drive to Massachusetts for a hearing next week,” Pingree said.  “Dropping everything and going to Gloucester with no more than a week’s notice just isn’t practical for many commercial fishermen.”

Today Pingree called Eric Schwaab, head of the National Marine Fisheries Service and urged him to schedule a hearing on the proposed rules in Maine and extend the comment period.  Four hearings on the proposal have been scheduled up and down the East Coast, but the only New England hearing is next week in Massachusetts.
 
Last year Pingree criticized the Obama Administration for considering an endangered species listing for bluefin tuna. “I’m concerned that the Administration isn’t in touch with what is actually happening in Maine,” she said. “For decades Maine tuna fishermen have acted responsibly, they’ve conducted research at their own expense and done everything they can to make sure that tuna aren’t over fished. Now I’m concerned that they will be subjected to unnecessary regulations that could put them out of business.”

 

 

 

 

 

WASHINGTON – Congressman Barney Frank today released a letter written to Senators from Massachusetts, Rhode Island, Maine, New Jersey, New York and North Carolina to take advantage of the opportunity presented by the President’s need to appoint a new Secretary of Commerce.  With the letter – attached – Frank added the following statement.

“I have been disappointed by the failure of Secretary of Commerce Locke to respond to the legitimate concerns of those of us who represent fishing communities.  The pending appointment of a new Secretary of Commerce gives us, particularly the Senate Members who will be voting on his or her confirmation, an opportunity to establish some understandings at the outset of the new Secretary’s tenure.
 
I believe we should work together on the same bicameral and bipartisan basis on which we have worked in the past to formulate a set of requests to the new Secretary regarding fishing regulation, especially on the East Coast, to which we could reasonable expect him or her to agree.  The confirmation process is the ideal opportunity for us to do this and I will be working with my House and Senate colleagues to see that we maximize our ability to take advantage of it.”

Read the letter.

 

 

 

 

 

 

WASHINGTON – Two years into its pledge to improve government transparency, the Obama administration took action on fewer requests for federal records from citizens, journalists, companies and others last year even as significantly more people asked for information. The administration disclosed at least some of what people wanted at about the same rate as the previous year.

People requested information 544,360 times last year under the U.S. Freedom of Information Act from the 35 largest agencies, up nearly 41,000 more than the previous year, according to an analysis by The Associated Press of new federal data. But the government responded to nearly 12,400 fewer requests.

The administration refused to release any sought-after materials in more than 1-in-3 information requests, including cases when it couldn't find records, a person refused to pay for copies or the request was determined to be improper under the law. It refused more often to quickly consider information requests about subjects described as urgent or especially newsworthy. And nearly half the agencies that AP examined took longer — weeks more, in some cases — to give out records last year than during the previous year.

Read the complete story by The AP at Yahoo News.

 

 

 

 

 

The National Oceanic and Atmospheric Administration (NOAA) is preparing a preliminary plan to review its existing significant regulations in response to the President’s Executive Order 13563 on Improving Regulation and Regulatory Review. The purpose of NOAA’s review is to make the agency’s regulatory program more effective and less burdensome in achieving its regulatory objectives by identifying those regulations that should be modified, streamlined, expanded or repealed. NOAA is asking for ideas and information from the public in preparing its preliminary plan explaining how it will conduct such a review.

On January 18, 2011, the President issued Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ to ensure that Federal regulations seek more affordable, less intrusive means to achieve policy goals, and that agencies give careful consideration to the benefits and costs of those regulations. Among other things, the Executive Order directed agencies to develop and submit a preliminary plan within 120 days that will explain how they will periodically review existing significant regulations to identify any regulations that can be made more effective or less burdensome in achieving regulatory objectives.

The public may submit comments on or before April 4, 2011.

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Chapter IX
50 CFR Chapters II, III, IV, and VI RIN 0648–XA282
Reducing Regulatory Burden; Retrospective Review Under E.O. 13563

AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce.
 
ACTION: Request for information.

SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is preparing a preliminary plan to review its existing significant regulations in response to the President’s Executive Order 13563 on Improving Regulation and Regulatory Review. The purpose of NOAA’s review is to make the agency’s regulatory program more effective and less burdensome in achieving its regulatory objectives by identifying those regulations that should be modified, streamlined, expanded or repealed. NOAA is asking for ideas and information from the public in preparing its preliminary plan explaining how it will conduct such a review.

DATES: You must submit any comments on or before April 4, 2011.

ADDRESSES: You may submit comments, identified by RIN 0648–XA282, by any one of the following methods:
• Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov.
• Fax: 301–713–0596, Attn: William Chappell.
• Mail: 1315 East-West Highway, SSMC3, SF5, Room 13142, Silver Spring, MD 20910.
Instructions: All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NOAA will accept anonymous comments (enter N/ A in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: William Chappell, 301–713–2337, x169.

SUPPLEMENTARY INFORMATION: The National Oceanic and Atmospheric Administration is a Federal agency that is part of the U.S. Department of Commerce. NOAA’s mission is to understand and predict changes in the Earth’s environment and conserve and manage coastal and marine resources to meet our Nation’s economic, social, and environmental needs. NOAA administers a broad range of statutes, including, but not limited to the Endangered Species Act, 16 U.S.C. 1531, et seq.; Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801, et seq.; Marine Mammal Protection Act, 16 U.S.C. 1361, et seq, National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq.; Coastal Zone Management Act, 16 U.S.C. 1415, et seq.; and Land Remote Sensing Policy Act, 15 U.S.C. 5601, et seq.

On January 18, 2011, the President issued Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ to ensure that Federal regulations seek more affordable, less intrusive means to achieve policy goals, and that agencies give careful consideration to the benefits and costs of those regulations. Among other things, the Executive Order directed agencies to develop and submit a preliminary plan within 120 days that will explain how they will periodically review existing significant regulations to identify any regulations that can be made more effective or less burdensome in achieving regulatory objectives.

To implement the Executive Order, NOAA is taking several immediate steps to launch its retrospective review of existing regulatory requirements. Consistent with its commitment to public participation, NOAA is soliciting views from the public on how best to conduct its analysis of existing NOAA rules and how best to identify those rules that might be modified, streamlined, expanded or repealed. NOAA promulgates rules in accordance with applicable laws and based on best available scientific information, analyses of different alternatives for agency action, and public participation and input. However, important information as to the consequences of a rule, including its costs and benefits, comes from practical, real-world experience (both on the part of the public and on the part of the agency) after rules have been implemented. Regulated entities and members of the public affected by or interested in NOAA’s regulations are likely to have useful information and perspectives on the benefits and burdens of existing requirements beyond what was available at the time regulations were issued. Interested parties may also be well-positioned to identify those rules that are most in need of review; NOAA would find such input helpful as it considers how to prioritize and properly tailor its retrospective review process for significant regulations. In short, engaging the public in an open, transparent process is a crucial step in NOAA’s review of its existing regulations.

NOAA recognizes that the public comment period set forth in this Request for Information (RFI) is shorter than the 30–60 day (or longer) comment periods that may be used for proposed rules. That is because of consideration of the timing requirements under the Executive Order, and because NOAA is not asking for detailed comments on the substance of specific regulation, only comments pertaining to the retrospective review plan which is under development.

Questions for the Public

Comments will be most helpful if they provide examples and a detailed explanation of how the suggestion will support NOAA’s mission in a way that is more efficient and less burdensome. In providing comments, please keep these key considerations in mind:

• Retrospective review does not allow NOAA to contravene requirements of its various statutory mandates. In addition, where NOAA’s discretion has been limited by law, as is the case with fishery management plans and regulations developed by Regional Fishery Management Councils under the Magnuson-Stevens Act, 16 U.S.C. 304, NOAA’s ability to modify, streamline, expand, or repeal regulations is similarly constrained.

• NOAA currently conducts periodic review of existing regulations pursuant to statutory mandates. For instance, NOAA’s Office of National Marine Sanctuaries is required by the National Marine Sanctuaries Act, 16 U.S.C. 1434(e), to periodically review sanctuary management plans to ensure that sanctuary management continues to best conserve, protect, and enhance the nationally significant living and cultural resources at each site. Such review provides sanctuary management with an ongoing opportunity to review existing regulations, amend existing regulations (as deemed necessary), and generally outline future regulatory goals in the management plans. Similarly, pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, NOAA’s National Marine Fisheries Service (as delegated from the Secretary of Commerce) is required to review at routine intervals that may not exceed two years any fishery management plans, plan amendments, or regulations for fisheries that are experiencing overfishing or in need of rebuilding. 16 U.S.C. 1854(e)(7). For many fisheries, revisions to plans and regulations occur with even greater frequency, as National Standard 2 of the Magnuson-Stevens Act requires that conservation and management measures be based on the best scientific information available. Id. § 1851(a)(2). We seek your input on developing a review plan that is integrated with those existing requirements.

• Our plan will be tailored to reflect our resources, rulemaking history, and the volume of significant regulations at issue.

NOAA intends the questions below to elicit useful information as the agency develops a preliminary plan for possible review of its significant regulations. These questions are not intended to be exhaustive. You may raise other issues or make suggestions unrelated to these questions that you believe would help the agency develop better regulations.

(1) How can NOAA review its existing significant rules in a way that will identify rules that can and should be changed, streamlined, consolidated, or removed? NOAA encourages those submitting comments to include a proposed process under which such a review could be regularly undertaken.

(2) How can NOAA reduce burdens and maintain flexibility and choice for the public in a way that will promote and achieve its mission?

(3) Does NOAA have rules or guidance that are duplicative or that have conflicting requirements among its components or with other agencies? If so, please specifically identify the rules or guidance and suggest ways NOAA can streamline, consolidate, or make these regulations work better.

(4) Are there better ways to encourage public participation and an open exchange of views when NOAA engages in rulemaking?

(5) Are there rules or guidance that is working well that could be used as
models for improving other regulations? If so, please specifically identify the rule or guidance.

(6) Are NOAA regulations and guidance written in language that is clear and easy to understand, consistent with statutory requirements? Please identify specific regulations and guidance that are good candidates for a plain language re-write and also identify regulations that are written clearly that could be used as models.

(7) What are some suggestions that NOAA can use to assure that its regulations promote and achieve its mission in ways that are efficient and less burdensome?

(8) Which significant regulations have proven to be excessively burdensome? What data support this? What suggestions do you have for reducing the burden and maintaining and achieving NOAA’s mission?

(9) Which significant regulations could be made more flexible within the existing legal framework? What data support this?

(10) Are there regulations that have become ineffective or been overtaken by technological or other change and, if so, what are they? How can they be modernized to accomplish the statutory or regulatory objective better? NOAA will consider public input as we develop a plan to periodically review the agency’s significant rules.

NOAA notes that this Request for Information is issued solely for information and program-planning purposes. The agency will give careful consideration to the responses, and may use them as appropriate during the retrospective review, but we do not anticipate providing a response to each comment submitted. While responses to this RFI do not bind NOAA to any further actions related to the response, all submissions will be made publicly available on http://www.regulations.gov.

Dated: March 7, 2011.

Lois J. Schiffer,
General Counsel, National Oceanic and Atmospheric Administration.

 

 

 

 

 

March 13, 2011 – Members of the Commerce Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard met with two heads of the National Marine Fisheries Service during the oversight hearing last week. Members of several fisheries user groups followed by outlining what they believed was wrong with the system.

User groups and some senators said the act is failing in some ways – especially where rebuilt and not-overfished species are concerned.

Opponents say closures on black sea bass are financially hurting the commercial and recreational sectors. The species has several closed seasons despite NMFS research that demonstrates the stock is healthy and not overfished.

Other species – such as cobia, wahoo and dolphin – are being targeted for annual catch limits when there has been no research on stock levels and no determination of whether the species are overfished.

"The problem is with the law and how it is written."

Read the complete story from The Virginian-Pilot.

 

 

 

 

 

 

WASHINGTON – March 11, 2011 – The Coastal Conservation Association sent the following "Call to Action" to its members urging support for the Jones Amendment in the Senate.

Text of the Alert: Coastal Conservation Association is encouraging the U.S. Senate to slam the door shut on funding any more controversial catch share management schemes in the Gulf of Mexico or on the East Coast.

The 2011 budget for the National Oceanic and Atmospheric Administration (NOAA) contained an eye-popping $54 million for catch share programs at a time when fishery after fishery is closing based on outdated science and suspect recreational harvest data. An amendment filed by Rep. Walter B. Jones (R-NC) that would keep any funds earmarked in NOAA's budget from being used on catch share programs in the Gulf of Mexico, South Atlantic, Mid-Atlantic and New England areas passed the House in late February and now awaits consideration by the Senate.

CCA believes there are far better things on which NOAA should be focusing its scarce resources than catch shares. Higher, better priorities include more frequent stock assessments, development of fishery independent data and improved recreational catch data for federal fisheries. Given the cascading and substantial impacts of fisheries restrictions and closures currently underway in a number of key recreational fisheries, the proper management of the recreational sector should be a priority for the Congress and for NOAA Fisheries – not catch shares.

Click the link below to send a message to your Senators.

Click the link below to log in and send your message:
http://www.votervoice.net/link/target/coastal/RQEz2tBi.aspx

The following is a description of the Coastal Conservation Association taken from the organization's website:

Coastal Conservation Association (CCA), a non-profit organization, comprises 17 coastal state chapters spanning the Gulf of Mexico, Atlantic and Pacific coasts. CCA's strength is drawn from the tens of thousands of recreational saltwater anglers who make up its membership.  From South Texas to the upper reaches of Maine to Puget Sound, CCA's grassroots influence is felt through state capitols, U.S. Congress and, most importantly, in the conservation and restoration of our coastal marine resources.

CCA has been active in virtually every national fisheries debate since 1984 and has participated productively in state and federal fisheries management issues for longer than three decades. CCA continues to operate as a three-tiered organization, affecting issues on the local, state and national levels.

For more about CCA, visit their website:
http://www.joincca.org/CCA%20Story.html

 

 

 

 

 

 

Sen. John Kerry is stepping up pressure on outgoing Commerce Secretary Gary Locke, urging him to declare the state's fishing woes an economic disaster and reconsider his rejection of higher catch limits.

Kerry, D-Mass., wrote to Locke Wednesday, following up on a meeting he had with the secretary earlier in the week. He pressed Locke to provide emergency economic assistance, raise catch limits and stay penalties that were imposed on fishermen by the National Oceanic and Atmospheric Administration.

"Many of these requests have been made previously and supported by the Massachusetts delegation but have not yet been granted," Kerry wrote in his letter to Locke, which was also addressed to NOAA Administrator Jane Lubchenco.

"This is an opportunity to repair a relationship between the Department of Commerce, NOAA and our fishing communities that has been very badly strained in these last years."

Read the complete story from The South Coast Today.