Washington

NEW BEDFORD – Commerce Secretary Gary Locke today denied Gov. Deval Patrick's request for an emergency increase in the catch allowances for fishermen in the Northeast.

In a letter to the governor, Locke said that he needs new data, not a scientific reinterpretation of existing data, to justify overruling NOAA's decisions about catch limits.

Locke also rejected the governor's plea for emergency funds to give fishing families relief from their losses. The data don't support the request, Locke said.

The governor deliberately framed his request with NOAA's own data on the thinking that it would be impossible for the Commerce Department to dispute its own science. That stance backfired.

Gov. Patrick responded in a statement, saying, “I am deeply disappointed in the secretary's decision not to raise catch limits within conservation limits or provide economic assistance to fishermen in need.

In a letter to Patrick, Eric Schwaab, head of the National Marine Fisheries Service, explained his evaluation of the situation and conclusion that catch limits should not be raised.

Regulators followed their established procedures and made a good scientific decision, Schwaab wrote.

As far as the scientific information Patrick used in his appeal, Schwaab wrote, “NMFS cannot consider this information either as new or as appropriate to replace the peer-reviewed assessment currently accepted as the best available science as required by the Magnuson-Stevens Act. To do so would require overturning the determination of the SSC (Scientific and Statistical Committee) and the council.”

U.S. Rep. Barney Frank told The Standard-Times he is “very angry” at Locke for issuing his letter after Frank had asked him to hold off.

“It's just wrong and we have to appeal it,” he said. “I'm very disappointed. I told them, ‘I think you've made a mistake and you should hold off.' I'm very angry at them for not doing that,” Frank said.

First word of Locke's decision came from U.S. Sen. Scott Brown, R-Mass.

“I am deeply troubled by Secretary Locke's refusal to raise catch limits, despite clear evidence that it is both economically and scientifically sound,” Brown said. “Our fishermen are struggling to keep their jobs and make a living. They deserve fair treatment from the federal government, instead of job-killing regulations that prevent them from putting food on the table for all of us. This blatant disregard for our fishing industry must stop immediately, and I strongly encourage Governor Patrick to appeal this ruling and request further meetings so the Commerce Department can fully explain their misguided decision.”

In his prepared statement, Frank responded by saying, “The news from the administration is mixed at best, and although it points the way for possible longer-term increases in catch allocations, Secretary Locke has declined to use his authority to address the emergency situation fishermen face now.

Read the complete story from the Standard Times

Read the letter from Secretary Locke to Governor Patrick

Read the letter from Secretary Locke to Congressman Frank

Read the letter from NMFS Adminstrator Eric Schwaab to Governor Patrick 

 

 

 

 

 

 

 

 

 

 

WASHINGTON, DC – Jan. 7, 2011 — Today, U.S. Senator Scott Brown (R-MA) issued the following statement on U.S. Commerce Secretary Gary Locke’s decision to not raise catch limits for the fishing industry:

“I am deeply troubled by Secretary Locke’s refusal to raise catch limits, despite clear evidence that it is both economically and scientifically sound,” Brown said. “Our fishermen are struggling to keep their jobs and make a living. They deserve fair treatment from the federal government, instead of job-killing regulations that prevent them from putting food on the table for all of us. This blatant disregard for our fishing industry must stop immediately, and I strongly encourage Governor Patrick to appeal this ruling and request further meetings so the Commerce Department can fully explain their misguided decision.”

 

 

 

 

 

 

Congressman John Tierney issued the following release:

Washington, D.C. – Today, Congressman John F. Tierney released the following statement expressing his deep disappointment that U.S. Department of Commerce Secretary Gary Locke will not be issuing emergency regulations to increase catch-share limits. This decision comes in spite of recent data provided to the Department which demonstrated the need for an emergency increase.  Throughout his time in Congress, Tierney has been a consistent advocate for policies that take appropriate steps to ensure fairness and economic stability for local fishing communities.

“I am deeply disappointed that the Secretary did not take emergency action to increase catch limits despite the fact that credible, scientific evidence was provided to him demonstrating the need for it.” said Congressman John F. Tierney. “The livelihood of fishermen in our area and many other coastal communities will be negatively impacted by this decision.  As we move forward, I will continue to explore all avenues to press the Secretary of Commerce to take appropriate action in order to ensure that our fishermen receive a fair shake.”

The decision by the Department of Commerce to not issue emergency regulations to increase the catch limits follows the Secretary of Commerce’s review of a report entitled, "A Report on Economic and Scientific Conditions in the Massachusetts Multispecies Groundfishery" submitted to the Department by Massachusetts Governor Deval Patrick.  The report, prepared in consultation with the Massachusetts Congressional delegation and the mayors of Gloucester and New Bedford, Massachusetts Division of Marine Fisheries, Massachusetts School of Marine Science and Technology, Massachusetts Marine Fisheries Institute, demonstrated the existence of an economic disaster and provided the necessary criteria to warrant that the Secretary take emergency action and raise catch limits.

“Although the availability of certain fish stocks may rise with the recently enacted International Fisheries Clarification Act, which will allow regulators to negotiate higher catch limits with Canada for domestic fisherman under the Magnuson-Stevens Act, it is important to note that, taken alone, this is not enough,” continued Tierney. “There is still much more to be done to help our fishing communities, and the fact remains that the lack of action by the Secretary will result in more hardship for our fishing communities.”

 

 

 

 

 

 

Congressman Barney Frank has issued the following release:

WASHINGTON – Jan. 7, 2011 — Congressman Barney Frank today responded sharply to a letter from Commerce Secretary Gary Locke, announcing that Locke would not exercise his emergency authority under the Magnuson Act to increase catch limits for the fishing industry.

The news from the administration is mixed at best, and although it points the way for possible longer-term increases in catch allocations, Secretary Locke has declined to use his authority to address the emergency situation fishermen face now.

The refusal by the Commerce Department to use its authority represents a misinterpretation of the scientific data, which provides no evidence for the overly-restrictive catch limits that have been set.

I strongly urge Secretary Locke to reverse his decision not to use the emergency authorities granted to him under the Magnuson Act, and I will continue to express the utmost urgency of policies which provide short-term help to struggling fishermen and substantial long-term increases in catch limits.

This most recent announcement by the Commerce Department provides one strong step in the right direction in that it allows the administration to begin negotiations with their Canadian counterparts in order to negotiate higher catch limits under the Magnuson provision regarding international treaties.

I will form a bipartisan working group to carefully monitor these negotiations and to make sure that the administration moves aggressively to correct the disparity between Canadian and American catch limits which currently put our fishermen at great disadvantage.

Finally, I have already begun discussions with my colleagues on the House Natural Resources Committee, which has jurisdiction over fisheries, in order to craft legislation to make needed revisions to the Magnuson Act.

 

 

 

 

 

WASHINGTON – Jan. 7, 2011 – (Saving Seafood) After announcing with great fanfare before the November election that he was "prepared to issue an emergency regulation to revise catch limits whenever there is both sufficient economic and sound scientific data available to meet these requirements.", Commerce Secretary Gary Locke announced today that he will not agree to either Massachusetts Governor Deval Patrick's request for increased allocation of groundfish in New England, nor for economic aid.

In letters sent to Governor Deval Patrick and Congressman Barney Frank, the secretary wrote: "I need scientific data not previously considered by the Council because the Magnuson  Stevens Act does not permit me to overrule Council decisions on the basis of a disagreement over scientific judgment. In the absence of new scientific data, I am consequently unable to exercise my emergency rule authority in response to information in the Report."

The Secretary continued, "With respect to Governor Patrick's request for $21 million in direct economic relief for the impacts caused by the transition to catch shares under Sections 312(a) and 315 of the Magnuson-Stevens Act, the data provided are insufficient to warrant either a fishery disaster or a commercial fishery failure under that Act."

Read the letter from Secretary Locke to Governor Patrick

Read the letter from Secretary Locke to Congressman Frank

Read the letter from NMFS Adminstrator Eric Schwaab to Governor Patrick

Chellie applauded legislation the President has signed that will allow fisheries managers to set more equitable catch limits for U.S. fishermen in grounds shared with Canada.  Chellie was an original co-sponsor of the legislation the law is based on.

“This legislation is going to allow our fisheries managers to set catch limits that will continue to strengthen fish stocks while allowing Maine fishermen to take a more equitable share with our neighbors in Canada,” said Chellie.  “Allowing New England fishermen to catch more fish will provide a critical boost when they really need it.  At the same time it will pave the way for commonsense management that can balance responsible conservation and fair competition.”
 
For years, U.S. fisheries managers have been at a competitive disadvantage when negotiating catch limits for grounds shared by both the U.S. and Canada off the Northeast Coast.  Under the Magnuson-Stevens Act, the U.S. has had to keep a 10-year timeline to restoring fish stocks while Canada did not have to follow a similar regulation.  As a result, fishermen from Canada have been allowed much higher catch limits.
 
The legislation signed into law yesterday clarifies that the understanding between the two countries is the kind of “international agreement” that is exempt from the 10-year rebuilding component of the Magnuson-Stevens Act.  Regulators will now have the ability to set a longer restoration period, allowing for increased catch limits so U.S. fishermen can compete more evenly with Canadians.
 
“This is great news for Maine fishermen,” said Chellie.  “They just want the chance to compete on an even footing and I’m very glad we can finally give them that opportunity.”

Read this story from Chellie Pingree for Congress.

 

 

 

 

 

Complaints and problems have plagued NOAA for over nine years, yet, which was identified by the Commerce Department's Inspector General to be very problematic. A federal agency such as NOAA, should not permit hundreds of complaints to stay on their "back burner," this allows the problems to continue and even grow worse. Thus, if a disaster such as the BP oil spill occurs, these problems will negatively impact the agency's ability to effectively and fairly handle the crisis. This reasoning supports Secretary Locke's decision to invoke his authority under the Magnuson-Stevens Act, and appoint the Honorable Charles B. Smartwood III (Ret.) to serve as Special Master to review enforcement cases. These cases include the hundreds of complaints the Commerce Department Inspector General identified as highly problematic, many which date back to 2001. It is now 2010, and Secretary Locke has declared that reform is needed and reform will happen.

Moreover, Locke has targeted NOAA's use of the Asset Forfeiture Fund (AFF) as the prime target to restrict abuse by the agency officials and increase transparency. This restriction on AFF will be implemented immediately and will have a significant impact on NOAA's ability to utilize the penalty moneys received from individuals. Specifically, the new AFF policy will prohibit 50% of the Fund's historical uses, this includes the once maintained practice of allowing the agency to purchase vehicles and vessels, pay for travel this is not related to investigations, proceedings or trainings, or paying for training unrelated to an integral part of the employee's job. Looking at each of these factors piece by piece, one realizes that the agency was allowed (pre new FAA policy) to travel to various places not pertaining to work, all on the expense penalty money paid by fined individuals. That is akin to a police officer ticketing an individual for speeding and then taking the paid ticket money to travel somewhere else to sight see. This is not only questionable behavior, but is in all sense of the word, inappropriate. This is why Locke stated, " The problems identified by the Inspector General are unacceptable, were allowed to persist for too long and will end on my watch…We are taking the steps needed to make fisheries enforcement accountable and transparent." Further, additional measures have been created to protect individual's from the agencies potential abuse of power, measures which promote transparency and accountability.

NOAA has had the ability to utilize penalty money in such various ways, under the provisions of the Magnuson Stevens Fishery Conservation and Management Act. NOAA, with the permission of this act, had the authority to retain proceeds from the civil penalties imposed and collected by the agency, as well as proceeds from the sale of seized fish and vessels, to pay for "expenses directly related to investigations and civil or criminal enforcement proceedings." However, much of the AFF was made up of proceeds from the Magnuson-Stevens enforcement actions, as well as proceeds from the Lacey Act and Endangered Species Act, which provide similar authorities. Breaking this down into what this essentially means, NOAA, was collecting money under the authority of the Magnuson-Stevens Act, which prohibits use of the funds for other than expenses directly connected to investigations (whether civil or criminal), and were instead applying to AFF, which allows NOAA to utilize the money for expenses unrelated to investigations, or even related to their employment with NOAA. Obviously, this was a problem, one which is hopefully resolved by the recent reforms being implemented.

Read the complete blog from The Berniard Law Firm.

 

 

 

 

 

 

Congress has sent President Obama bipartisan legislation that would remove a legal hurdle that has barred federal fishery regulators from raising catch limits along the line with Canada that divides Georges Bank between the two nations.

The president is expected to sign the International Fisheries Clarification Act, which took four years to clear Congress after the idea emerged from the Gloucester-based Northeast Seafood Coalition.

Vito Giacalone, policy director for the coalition, said the legislation will allow for increased catch limits on cod, haddock and most yellowtail flounder for fishermen out of Gloucester and other U.S. ports, while demonstrating that overfished stocks can be rebuilt over a longer time frame than the 10-year deadline in the Magnuson-Stevens Act.

The legislation was supported by the National Oceanic and Atmospheric Administration.

"We are pleased this legislation has passed," said NOAA Fisheries Administrator Eric Schwaab.

The primary beneficiaries are expected to be the big offshore boats that venture out for weeklong trips to Georges for yellowtail and scallops, which include a yellowtail bycatch.

Read the complete story from The Gloucester Times.

 

 

 

 

 

 

U.S. Commerce Secretary Gary Locke today determined that the economic effects of closing shellfish fisheries in Maine in 2009 due to a harmful algal bloom, commonly referred to as red tide, caused a commercial fishery failure.

"The natural disaster, which forced the closing of shellfish beds to protect human health, hurt Maine's commercial shell fishermen and their families," said Locke. "Should Congress appropriate funds for disaster assistance, the Department of Commerce and NOAA will work with Maine to develop an effective program to provide assistance to the fishery."

In October 2009, Maine Governor John Baldacci requested the disaster determination in a letter to the Department of Commerce and provided information detailing how the disaster affected the softshell clam, blue mussel and mahogany quahog fisheries.

The closures due to the harmful algal bloom began in April of 2009 and resulted in closures of 97 percent of the fisheries at the peak. Some areas of the Maine coast were closed to shellfishing until late September. After reviewing this information, the Department of Commerce determined the natural resource disaster met the requirements of a commercial fishery failure under the Magnuson-Stevens Fishery Conservation and Management Act.

See this story at NOAA News.

 

 

 

 

NEW BEDFORD — Citing miscommunication between the federal and state levels in recent months, U.S. Rep. Barney Frank said he hopes to have representatives of the governor's office and the U.S. Department of Commerce discuss lifting catch limit regulations for "choke" species sometime after the holidays.

In the fall, Gov. Deval Patrick called on Commerce Secretary Gary Locke to grant an emergency increase in catch limits for some groundfish species to help struggling fishermen.

Both the state and fishermen are waiting for the federal government to act on Patrick's recommendations, said Bob Vanasse, the executive director of the industry advocacy group Saving Seafood.

"It's definitely a point of irritation," said Vanasse. "Everybody was hoping this would be worked out weeks ago."

Locke said in October that the Magnuson-Stevens Act gives him the authority to issue emergency regulations to raise catch limits. Since then, he has elected not to use such authority.

Vanasse is not the only one who is frustrated.

"It's reached the point where I don't think you'll ever get the genie back in the bottle," said Jim Kendall of New Bedford Seafood Consulting. "That's what you always hear — bureaucratic delays and miscues. Whom do you blame, a bureaucrat? It's nameless and harmless."

Read the complete story from The South Coast Today.