Washington

NEW BEDFORD – Fourteen members of Congress from the Northeast confronted Commerce Secretary Gary Locke this morning over fishing restrictions that they view as a calamity to the industry.

Eight senators were joined by six House members in what U.S. Rep. Barney Frank, D-Mass., said was an extraordinary session in the Capitol building.

In a show of bipartisan unity, Frank said that he was seated next to Sen. Scott Brown, R-Mass., who joined in pressuring Locke for increased allocations of so-called “choke species” of fish, which have the tightest limits and govern all the rest of what a group of boats called a “sector” can fish.

Frank said that Locke promised to review the limits on pollock, which he also said in a letter to Frank recently. But Frank said that those present pressed hard for a relaxation of the limits for yellowtail flounder and winter flounder, which also pose trouble for the industry.

Read the complete story at The South Coast Today.

 

 

 

 

The following is taken from a press release:

WASHINGTON – Congressman Barney Frank, along with twelve other members of the House and Senate, met today with Commerce Secretary Gary Locke and NOAA Administrator Jane Lubchenco to express their unified opposition to new regulations on the fishing industry.

The meeting came in response to a request by House and Senate representatives of northeastern coastal states, who on April 21^st issued a strongly-worded letter to Secretary Locke regarding the new regulations.

The regulations would impose a new way of determining how the total allowable annual catch is tabulated and divided among members of the fishing industry.  At the same time, it would dramatically reduce the overall amount of different species of fish can be caught in a single year.  Implementing a new catch shares system while simultaneously slashing overall limits is likely to impose severe economic costs on the fishing industry.

 “I am deeply disappointed and upset about what the National Marine Fisheries Services is planning to do regarding the new catch share limits,” said Congressman Barney Frank.  “I will make it clear to the Obama administration that it is essential to raise the limits, particularly on all of the “choke stock” fish, in order to avoid an economic disaster in the fishing industry in the midst of what is already an economic recession.  I will continue to work on a bipartisan basis with my colleagues to make it clear that this situation is unacceptable, and will tell the administration that failing to act will be damaging to our relationship.”

The Congressional delegation attending today’s meeting released the following joint statement:

“We would like to express to Commerce Secretary Gary Locke our strong disagreement with the National Marine Fisheries Service scheduled implementation of 2010 catch limits, which would impose sharp reductions from 2009 allocation limits.  We unanimously believe that the catch limits for so-called “choke stocks,” including yellowtail flounder, winter flounder, and pollock must be increased.  In addition, we call on the Administration to provide economic assistance to the fishing industry during this crisis, and to require cooperative research efforts to ensure fair assessments of fish stocks.”

Congressman Barney Frank (D-Mass.) comments on the May 12, 2010 meeting between Commerce Secretary Gary Locke and 13 northeastern members of the U.S. House and Senate.

[click here and listen to the audio now]

 

Transcription of Congressman Frank's statement:

"I was very pleased that a large delegation of House and Senate members, Democrats and Republicans, made it very clear to Secretary Gary Locke, who as Secretary of Commerce is in charge of the fishing apparatus of the federal government, that what Administrator Lubchenco was trying to do is unacceptable. It will visit great economic damage on the fishermen and on the fishing communities from which they fish, the flounder has to be increased, and we made it very clear to Secretary Locke, as the appointee of President Obama, that we expect much better from this administration, and I have personally made it very clear to high-ranking members of the administration, including Secretary Locke, that my relationship with the administration will be affected by whether or not they respond to this absolutely urgent need for an increase. It is one thing to impose catch shares, of which I am very skeptical, but to impose this drastically new and potentially more disruptive means of fishing allocations at the same time that there is a severe reduction in the allowable catch is a terrible mistake."

 

 

 

An unusually large group of members of the U.S. House and Senate met with Commerce Secretary Gary Locke to discuss what the Members decribed as an impending crisis of new regulations on the ground fishing industry. The delegation represented the northeast coastline from Maine to Long Island. 

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WASHINGTON, May 12, 2010  (Saving Seafood) — Thirteen Members of the U.S. House and Senate met with Commerce Secretary Locke, Dr. Jane Lubchenco, Administrator of NOAA, and Eric Schwaab, Director of the National Marine Fisheries Service (NMFS), and asked that he exercise Secretarial authority under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and implement emergency regulations to increase the 2010 annual catch limits (ACL) for certain fish stocks in the groundfishery.

The Senate and House Members voiced strong disagreement with the National Marine Fisheries Service (NMFS) implementation of 2010 catch limits. The 2010 limits represent a sharp reduction from 2009 allocation limits. 

The members agreed that the catch limits for so-called “choke stocks,” including yellowtail flounder, winter flounder, and pollock must be increased. 

In addition, the Senators and Members of Congress called on the Obama Administration to provide economic assistance to the fishing industry, including ancillary and shore-side businesses, and to require cooperative research efforts to ensure future assessments of fish stocks that are fairer and more credible to industry.

The Secretary agreed to fast-track allocation changes on Pollock, Skate, Red Crab and Dogfish.  Senator Charles Schumer (D-New York) raised concerns about Winter Flounder.  Congressman Barney Frank (D-Mass.) raised concerns about Yellowtail Flounder.  The Secretary did not commit to changes on those species.

Congressman Frank told Saving Seafood "I have personally made it very clear to high ranking members of the administration including Secretary Locke that my relationship with the administration will be affected by whether or not they respond to this absolutely urgent need for an increase."

In a prepared statement, Senator Olympia Snowe (R-Maine) said "Our message was unmistakable: increase catch limits on the ‘choke stocks’ that are otherwise sure to close down this fishery.  Yet, I find it patently unacceptable that despite NMFS’s scientists own admissions that their data was insufficient to make policy recommendations for some stocks, beyond a previously announced commitment to revisit the catch limit for pollock, we did not receive any assurances that other choke stocks would be addressed"

ATTENDEES:

Congressman Barney Frank

Congressman Joe Courtney

Congressman Tim Bishop

Congresswoman Shea-Porter

Congreesman John Tierney

Congressman Langevin

Senator Gillibrand

Senator Snowe

Senator Kerry

Senator Scott Brown

Senator Schumer

Senator Shaheen

Senator Reed

Senator Whitehouse

 

 

 

 

Senator Olympia Snowe (R-Maine) issued the following release regarding the May 12 meeting with Commerce Secretary Locke.
Calls on Commerce Secretary Lock to Increase Groundfishery’s 2010 Annual Catch Limits in Meeting with New England Congressional Delegation
 
WASHINGTON, D.C. – As part of her ongoing effort to preserve the nation’s first fishery, Ranking Member of the Subcommittee on Oceans, Atmospheres, Fisheries, and Coast Guard Senator Olympia J. Snowe (R-Maine) today joined members of the New England congressional delegation in a meeting with Commerce Secretary Gary Locke to discuss the future of the New England groundfishery.  Specifically, the lawmakers urged  Secretary Locke, along with Dr. Jane Lubchenco, Administrator of NOAA, and Eric Schwaab, Director of the National Marine Fisheries Service (NMFS), to exercise the Secretarial authority under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and implement emergency regulations to increase the 2010 annual catch limits (ACL) for certain fish stocks in the groundfishery.
 
“For too long, NMFS has turned a blind eye to New England’s coastal economy, ignoring its mandate to balance ending overfishing and minimizing adverse economic impacts on fishing communities.  Today, we ensured that the Secretary of Commerce, the Administrator of NOAA, and the head of NMFS heard loud and clear the anger of New England fishermen,” said Senator Snowe.  “Our message was unmistakable: increase catch limits on the ‘choke stocks’ that are otherwise sure to close down this fishery.  Yet, I find it patently unacceptable that despite NMFS’s scientists own admissions that their data was insufficient to make policy recommendations for some stocks, beyond a previously announced commitment to revisit the catch limit for pollock, we did not receive any assurances that other choke stocks would be addressed.  Fishermen deserve more than lip-service when their livelihoods are at stake.”  
 
Earlier this month, the groundfishery began operating under a management structure known as “sectors” and are now being forced to adhere to catch limits for some species that have been reduced by as much as 75 percent from 2009 levels. Senator Snowe has long cited concerns regarding the program, which will ultimately lead to a premature closure of the fishery and an economic disaster for coastal communities. Section 305(c) of the Magnuson Stevens Act as last amended in 2006 gives the Secretary of Commerce the authority to promulgate emergency interim measures if he finds that an emergency exists.
 
“While we hope the transition to sector management will ultimately prove successful in the effort to rebuild fish stocks and sustain the economic and biological viability of the fishery, the fact is with the current restrictions NOAA has imposed, there is no way the system will be able to function as it has been designed,” said Senator Snowe.  “Clearly, this is an emergency that could cause the collapse of this industry.”
 
Although NOAA has committed to improving the management enforcement and legal operations within the fishing community, Senator Snowe said it was imperative to find mutually acceptable solutions to the problems plaguing the groundfishermen. Senator Snowe went on to further highlight the ongoing problem involving catch limits, which are routinely set dramatically below the overfishing limit. The Senator said catch limits for a few of the nineteen fish stocks covered by the groundfish management plan are simply too low to allow fishermen to go after enough of the healthy stocks.  The limit for pollock in 2010 is just one quarter of what it was in 2009, and the Gulf of Maine winter flounder limit is less than two-fifths last year’s cap.
 
“We agree that we must keep these fish stocks on a rebuilding trajectory—we must not allow overfishing,” said Senator Snowe. “What we must do is increase catch limits within the uncertainty buffer between the current catch limit and the overfishing level, ensure those limits are adhered to, and give this industry a chance to survive the transition to this new management system.  While Secretary Locke did agree to help us advocate for financial assistance for the fishery, I am well aware that the best thing for our communities is jobs, not handouts, and I will continue to insist that the Administration exercise every option available under the law to save America’s first fishery.”

On May 6, 2010, Senator Schumer wrote to NOAA Administrator Jane Lubchenco (and cc'd Patricia Kurkul), urging her to approve a proposed rule for states to “have the option to extend the 2010 black sea bass season in the state waters by an additional 90 days.”

Schumer wrote, “The proposed new season will run from May 22 through October 11, with an additional open period of November 1 through December 31. The proposal would keep the size and bag limit the same of 12-1/2 inches and 25 fish per angler.

I urge you to follow this guidance and expedite approval of the proposed rule to extend the black sea bass fishery for federal waters in 2010. The black sea bass resource is a crucial fishery for the recreational fishing community in New York, as our summer flounder season continues to shrink and many charter boats and for-hire vessels rely on black sea bass fishing for business through the fall and winter.

Allowing an extension of the black sea bass season will provide a well-founded shot-in-the-arm for our struggling recreational fishing sector.”

Read Senator Schumer's letter here.

 

 

 

Members of the East Coast congressional fishing caucus are prepared to challenge the announced intention of top fisheries regulators not to review past miscarriages of justice by federal enforcement agents against fishermen and related businesses.

Sens. John Kerry and Scott Brown and Congressman John Tierney said they believe it essential that acts of improperly used authority by the agents of now-former National Oceanic and Atmospheric Administration police chief Dale J. Jones and NOAA's office of general counsel be fully explored in the process of reforming the scandalized agency.

Kerry and Tierney said they would raise their concern during an emergency meeting set for Wednesday with Commerce Secretary Gary Locke that he granted to a 23-member caucus to discuss a suite of suggested actions by the secretary to relieve concerns over the viability of the New England groundfishing industry.

"Sometimes, you have to look back in order to move forward," said Kerry.

"I will work with other members of the delegation to fully investigate the reported acts of impropriety," said Brown.

Congressman Tierney added that "we will not tolerate NOAA's silence on this matter."

Republican Congressman Walter B. Jones of North Carolina, most members of the caucus as well as lawyers and lawmakers from New England ports have asserted similar opinions.

"Congressman Jones feels that it is unacceptable for NOAA not to look back at the problems or what caused them," his press secretary, Catherine Fodor, said Friday.

In addition, Congressman Barney Frank, who could not be reached for this story, has been outspoken in urging that NOAA look back at law enforcement acts that warrant review.

The decision to reform NOAA law enforcement without first reviewing past excessive penalties and actions against the industry was found in a memo to NOAA administrator Jane Lubchenco by Eric Schwaab, director of the National Marine Fisheries Service, and NOAA Chief Counsel Lois Schiffer.

"Our goal and approach are to look forward toward building an improved, effective and fair program," Schwaab and Schiffer wrote to Lubchenco. "We are not here re-examining specific cases or data mentioned in the report or looking at the history of our offices."

Lubchenco released their memo on March 18 along with multiple documents and addenda in announcing the planned response to a scathing report from Inspector General Todd Zinser on policing and legal actions by NOAA agents in the name of enforcing the Magnuson-Stevens Act and other fisheries laws.

Lubchenco said she was "adopting" the message of the Schwaab-Schiffer letter, and noted the need for "strong leadership, procedural changes" and "certain changes in the culture of NOAA's program."

Gloucester state Rep. Ann-Margaret Ferrante, a lawyer who once represented the auction, said she was "astounded" that Schiffer proposed leaving "wrongs unaddressed".

Read the complete story at The Gloucester Daily Times.

 

 

 

 

 

The complete text of Senator John Kerry and Senator Scott Brown's statements to the Gloucester Times on the subject of addressing past excessive penalties and retaliatory enforcement actions.

Also posted are memos from March to and from the inspector General, NOAA Administrator Lubchenco, NOAA Chief Counsel Schiffer, and NMFS Administrator Schwaab in response to the Inspector General's report.  In the March 18 memo from Atty. Schiffer and Mr. Schwaab to Dr. Lubchenco, they write "We are not here re-examining specific cases or data mentioned in the Report or looking at the history of our offices; thus, we have developed no opinions as to the complaints and case-specific allegations mentioned in the Inspector General's Report."

Senator John Kerry (D-Mass.)

“Sometimes you have to look back in order to move forward. In this case, our fishermen absolutely feel that NOAA’s regulations and enforcement can determine their economic survival. There’s no swallowing that if they just don’t trust NOAA.  NOAA’s excessive penalties and retaliatory enforcement actions have caused deep distrust among our fishermen. The Dale Jones scandal was an exclamation point and an underline of what was already a frayed relationship. We need a full accounting of what happened so we can put the pieces back together and move forward together. Transparency and accountability are key parts of rebuilding trust.  I look forward to talking with Secretary Locke about this, about NOAA’s enforcement actions and about the new catch share limits at our meeting later this month, and I’ll continue to continue to work with everyone involved to help resolve the ongoing difficult issues, and help reestablish sustainable fisheries in Massachusetts.”

Senator Scott Brown (R-Mass.)

“NOAA’s apparent disregard for the Inspector General’s report is extremely troubling. I will work with others members of the delegation to fully investigate the reported acts of impropriety, to establish transparency and accountability and set up safeguards to protect our fishermen in the future. As elected officials, it is incumbent upon us to ensure that our hardworking fishermen get a fair shake from NOAA. We need to get to the bottom of the issues raised in the Inspector General report before we can move forward.”

Read the March 18 memos to and from the Inspector General, NOAA Administrator Lubchenco, NOAA Chief Counsel Schiffer, and NMFS Administrator Schwaab (searchable PDF format).

 

 

 

 

 

 

 

 

 

On April 1, 2010, Representatives Delahunt, Bordallo, Frank, McGovern, Pingree, and Tierney together with Senator Kerry wrote to Commerce Secretary Locke with questions regarding four areas of concern with regard to Skate, Pollock, Yellowtail Flounder and Dogfish.

On April 29, 2010 the Secretary responded.

Secretary Locke wrote, “On March 23, 2010, NMFS, on my behalf, approved Amendment 3 to the Skate Complex Fishery Management Plan as developed and submitted by the New England Fishery Management Council. However, as the Council’s Scientific and Statistical Committee meeting on March 17, 2010, new data indicated the stock was in better condition than previously thought. Given the new data, NMFS has been working with the Council to incorporate this new information as quickly as possible. Toward that end, the Council’s Skate Plan Development Team met on April 8, 2010. Once its analysis is final, NMFS will consider how to incorporate the results into management.

With respect to Pollock, NMFS is actively working on the Pollock benchmark stock assessment and recently completed three of the five steps in the stock assessment process: a meeting with fishermen; a complete re-examination of all relevant data; and the development of a more advanced, age-based stock assessment model.

The only recent assessment of Cape Cod (and Southern New England) yellowtail flounder was conducted as part of the Groundfish Assessment Review Meeting in 2008. Georges Bank yellowtail is assessed annually as part of the Transboundary Resources Assessment Committee process. We are aware that a student at the University of Massachusetts Dartmouth, School for Marine Science and Technology, used information collected from a Georges Bank yellowtail tagging study to estimate yellowtail flounder abundance in the scallop access are of Closed Area II….the potential implications of the student’s thesis for current and future stock assessments will be considered when setting catch levels for fishing year 2011.

With respect to the spiny dogfish assessment, substantial progress has been made on redefinition of the biomass reference point. It appears that new biological reference points will be accepted by NMFS and that spiny dogfish will be deemed rebuilt….Therefore, if spiny dogfish is determined to be rebuilt, a higher quota for 2010 can be set in the final specifications.”

Read the letter to Secretary Locke.

Read the Secretary's response.

 

 

 

 

 

NOAA has issued the following release:

The U.S. Senate confirmed Dr. Larry Robinson by unanimous consent Thursday to serve as assistant secretary of commerce for oceans and atmosphere at the National Oceanic and Atmospheric Administration. Robinson will help guide policy and program direction for NOAA’s conservation, protection and resource management priorities.

NOAA helps protect, restore, and manage the use of ocean, coastal and Great Lakes’ resources through an ecosystem-based approach to management.

 “Protecting valuable coastal ecosystems and marine life while promoting resilient coastal communities is critical to the economic well-being and health of the nation,” U.S. Commerce Secretary Gary Locke said. “Dr. Robinson has broad, interdisciplinary scientific expertise in marine and coastal ecosystems and understands how they contribute to economic and societal health. His proven capability as a visionary leader and experience integrating many complex program objectives will advance NOAA’s efforts to ensure the health and vitality of coastal communities and the resources on which they depend.”

In his new position, Robinson will support and manage NOAA's coastal and marine programs, including marine sanctuaries for preserving areas of special national significance, fisheries management to sustain economic prosperity, and nautical charts for safe navigation. He will also support NOAA’s participation as a lead agency in President Obama’s Ocean Policy Task Force.

“Once he is sworn in next week, Dr. Robinson will go to the Gulf Coast, where he will help coordinate NOAA’s scientific resources throughout the region,” said Jane Lubchenco, Ph.D., under secretary of commerce for oceans and atmosphere and NOAA Administrator. “With a background in coastal resource management and the environmental sciences, as well as his personal familiarity with the region’s ecosystems and communities, he will significantly further the federal government’s response to the spill’s effects.”

“Having spent so many years working on ocean and coastal ecosystem issues, I am excited to be joining NOAA at this dynamic and challenging time,” said Dr. Robinson. “As we confront climate change and other threats to our coastal communities, I look forward to helping develop and implement national ocean policy, and working with fishing communities and councils around the country to effectively manage our valuable fisheries. There is so much important work to be done that benefits the economy, the environment and our communities.”

About Dr. Larry Robinson
Dr. Larry Robinson was the vice president for research and a professor in the Environmental Sciences Institute at Florida A&M University (FAMU). Since 2001, he has served as director of the NOAA Environmental Cooperative Science Center (ECSC) headquartered at FAMU, which consists of a broad, multi-institutional consortium of predominantly minority-serving institutions. ECSC’s multifaceted program has made a significant contribution to the promotion of diversity in the scientific workforce — especially within NOAA — due, in large part, to Dr. Robinson’s outstanding leadership.

 Between 1984 and 1997, Dr. Robinson served as a research scientist and a group leader at Oak Ridge National Laboratory. His work there included detection and assessment of special nuclear materials and application of nuclear methods in nonproliferation, environmental science, forensic science and the assessment of high purity materials. From 1997 to 2003, Dr. Robinson directed FAMU’s Environmental Sciences Institute where he led efforts to establish bachelor and doctoral degree programs. In 2007, he became the first African-American to serve as the science advisor to the United States Department of Agriculture’s Cooperative State Research, Education and Extension Service.

Dr. Robinson graduated summa cum laude with a bachelor’s degree in chemistry from Memphis State University in 1979, and earned a doctorate in nuclear chemistry from Washington University in St. Louis in 1984.