Washington

U.S. Sen. John Kerry and five congressmen have petitioned the Secretary of Commerce for emergency executive action to bring economic relief to the New England fishing industry as it faces a dire short-term future at the hands of governmental regulations.

The cutbacks could drain as much as 32 percent of revenue from the groundfishery, according to the government's own estimates.

The group of lawmakers, organized by Congressman William Delahunt, D-Mass., presented Commerce Secretary Gary Locke with four detailed situation analyses that were subject to executive action.

"We outline four problems which are needlessly endangering fishing businesses," read a letter signed by Kerry and Congressmen Delahunt, John Tierney, Barney Frank, Jim McGovern, all Massachusetts Democrats; Chellie Pingree, D-Maine; and Madeleine Bordallo, D-Guam.

Read the complete story at The Gloucester Daily Times.

 

 

 

 

 

Seven members of the House and Senate have written to Commerce Secretary Gary Locke urging his "immediate attention on a number of critical problems – and proposed solutions – confronting the Northeast's commercial fishing industry."  A copy of the letter was sent to Dr. Jane Lubchenco, Administrator of NOAA.

The signers are: Rep. Bill Delahunt, Senator John Kerry, Rep. Barney Frank, Rep. Chellie Pingree, Rep. Madeleine Bordallo, Rep. Jim McGovern, Rep. John Tierney.

The lawmakers stated that "New England's fishermen are struggling to survive in what is one of the worst economic climates for their industry. Of immediate grave concern is the challenging transition to a catch shares fisheries management system. Unless the federal government takes additional steps to help fishermen adjust through this transition, many will be forced out of work. The well-intentioned but outdated and bureaucratic system of fisheries management has created tremendous burdens on fishermen. We need to make every possible effort to nurture, encourage, and facilitate survival of the industry through this difficult period."

The letter outlines "four problems which are needlessly endangering fishing businesses and coastal communities."

[1] They "ask that NOAA Fisheries Service (NMFS) fast-track the incorporation of the most recent skate assessment results and adjust catch limits appropriately to reflect this most recent data."

[2] They "urge NMFS to immediately evaluate the current pollock stock assessments and incorporate any potential quota increases into the FY 2010 allocations."

[3] They "recommend that NMFS assemble a team of scientists to review the stock assessments for Cape Cod yellowtail flounder and compare them to the results of the survey conducted by the University of Massachusetts Dartmouth, School for Marine Science and Technology."

[4] They "request that NMFS immediately assemble a team of scientific advisors to review the most recent ecosystem data on spiny dogfish stocks and determine an appropriate biomass target – one that recognizes the historical biomass of this species in the ecosystem as well as its direct and indirect impacts on other managed species."

Read the letter to Commerce Secretary Locke.

The remote Marquesas Keys, where marine garbage and abandoned refugee rafts mar once-pristine shores, sorely needs a major cleanup, says Lower Keys commercial fisherman Don DeMaria.

And that is the type of project that may be possible under a proposed federal stimulus program to help commercial fishermen.

A U.S. House of Representatives bill, the Coastal Jobs Creation Act of 2010, calls for $400 million to help waterfront communities hurt by the slumping economy and new fishing regulations. The bill was introduced Tuesday but remains far from approval.

DeMaria joined representatives of conservation groups in Washington, D.C., this week to lobby for the bill, HB 4914.

"This is one of the few things to come out of Washington in a while that makes a lot of sense," DeMaria said.

The Coastal Jobs Creation Act seeks $80 million annually for a five-year period to "promote coastal jobs creation, promote sustainable fisheries and fishing communities [and] revitalize waterfronts."

Read the complete story at Keys Net.

 

 

 

 

 

It is my opinion that there is a whole lot more going on with fishing regulatory and enforcement issues than political posturing and electioneering.

We, as fishermen, have made history over the last few months. Our cause has unified our representatives from both parties behind our common plight — in stark contrast to any other national or regional issue.

NOAA has never been under this intense level of scrutiny, both from within the government and the general public.

The enormity of the task confronting all of us is daunting, yet our elected officials are there with us, this time, on the front lines, not in the rear, cowering in some political bunker until the smoke dissipates and the "all clear" sounds.

The late Sen. Ted Kennedy would be heartened by this bipartisan support for a cause so dear to his heart. He still is our greatest patron. We must not let him and his colleagues down.

Read the complete letter at The Gloucester Daily Times.

NOAA's change in an "innocent until proven guilty" model for civil enforcement actions is a positive step, but it does nothing to address the most grave and pressing issue facing northeastern fishermen: the prospect of new regulations idling boats by midyear and putting untold scores of fishermen out of work.

The National Oceanic and Atmospheric Administration announced Thursday that it will change its enforcement procedures. Going forward, NOAA will shoulder the burden of justifying a civil penalty or permit sanction in cases before an administrative law judge.

It's about time. These aren't speeding tickets. People's livelihoods are on the line.

For something of this magnitude, surely the burden of proof should be on the accuser.

Still, the step was a bold and unusual one for a NOAA administrator. It shows good faith on the part of Administrator Jane Lubchenco, although as U.S. Rep. Barney Frank suggested, some past cases might warrant retroactive review, something NOAA has not indicated it will do.

The agency has known for some time that there might be a problem with enforcement in New England. Lubchenco ordered a review of enforcement last spring in response to complaints from fishermen who said they were targeted for arbitrary and excessive fines.

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

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NOAA administrator Jane Lubchenco told a U.S. House oversight subcommittee early this month that, on the advice of the U.S. Commerce Department inspector general, she was awaiting the results of a document-shredding investigation before deciding whether to "take steps" against Dale Jones, her embattled director of law enforcement.

Such advice was uncommon, according to Lisa Allen, chief of staff for Inspector General Todd Zinser.

Allen told the Times Monday it was the general policy of the IG's office not to advise on personnel matters.

"We don't advise them to wait or not to wait; that's their call," Allen said.

But she did not respond to questions about why the advice was given in the Jones matter when typically it is not.

The issue resurfaced Monday, when Lubchenco told U.S. Sen. John Kerry, Congressmen John Tierney and Barney Frank and several fishermen and other industry leaders at a Boston meeting that she had been advised by Zinser to hold off on removing Jones — or Gloucester-based agents Andrew Cohen and Charles Julian, as sought by Tierney — before the IG's investigation is complete.

Zinser yesterday referred questions about his advice to Lubchenco to the audio of the House oversight hearing of March 2, which was Webcast and archived.

At the hearing of the House Natural Resources Subcommittee on Insular Affairs, Oceans and Wildlife, Lubchenco was asked by Chairwoman Madeleine Z. Bordallo, a delegate from Guam, whether it was appropriate to put Jones on "administrative leave or temporarily replace him."

Lubchenco answered that she'd sought direction from Zinser, whose staff had conducted a six-month investigation of NOAA law enforcement and produced a scathing report of numerous excesses and failings but only recently had come to learn of the document shredding, via a tip and an anonymous call.

"He (Zinser) thought it would be appropriate to do the investigation first and then take steps," Lubchenco told the subcommittee, with Zinser sitting near to her.

Zinser told the panel that he expected the investigation to take about a month. He said yesterday that the investigation was on track — which would mean a final report in roughly 10 days.

Read the complete story at The Gloucester Daily Times.

Congressman Tierney released the following statement about the recent meeting with NOAA Administrators:

Peabody, MA — On Monday, March 22, 2010 in Boston, Congressman John Tierney (D-MA), joined by Senator John Kerry (D-MA) and Representative Barney Frank (D-MA), participated in a meeting with National Oceanic and Atmospheric Administrator (NOAA) Jane Lubchenco and the Assistant Administrator Eric Schwaab about the proposed “catch shares” system that has caused concern for the North Shore fishing industry. At the conclusion of the meeting, Tierney, who recently hosted an Oversight and Government Reform Domestic Policy Subcommittee hearing in Gloucester with Chairman Dennis Kucinich (D-OH) on this issue and more, made the following statement.

 “As was brought to light at the recent hearing I called for at Gloucester City Hall, at which Dr. Lubchenco testified, the catch share system proposal is one in a long line of urgent issues that need to be addressed by NOAA. With the implementation for this system on the horizon, it is imperative that we continue to seek flexibility and equity regarding enforcement and improve the science and cooperative research upon which so much depends. With respect to enforcement, I continued to call for NOAA to get its house in order – reiterating my request that Administrator Lubchenco suspend Office of Law Enforcement Director Dale Jones, at least pending the Inspector General investigation. Our families can no longer afford to be stalled by the unfair and, frankly, abusive practices of this agency’s enforcement arm. It is high time that the fishing community get some relief and that reasonable expectations be set,” said Congressman John F. Tierney (D-MA).

 

 

 

 

 

 

According to Congressman Walter Jones “Catch shares are not wanted in North Carolina.  The last thing the federal government should be doing in these economic times is spending millions of taxpayer dollars to expand a program that will put even more Americans out of work.”

The Congressmen released the following statement:

Washington, D.C. – Yesterday U.S. Congressman Walter B. Jones (NC-3) filed a request to block funding for expansion of the National Oceanic and Atmospheric Administration’s (NOAA) National Catch Share Program into fisheries in which North Carolina fishermen participate.  The move comes in response to NOAA’s Fiscal Year 2011 Budget Request which included proposals to cut funding for fisheries science and add $36.6 million to expand implementation of catch share programs into fisheries across the nation.  Catch share programs grant shares of the total allowable catch in a given fishery to particular fishermen or groups.  Congressman Jones asked the House Appropriations Subcommittee on Commerce, Justice and Science to include language in its Fiscal Year 2011 appropriations bill to block funding for new catch share programs in any fisheries under the jurisdiction of the Mid-Atlantic and South Atlantic Fisheries Management Councils.  These councils have jurisdiction over the vast majority of the fisheries in federal waters in which North Carolina fishermen participate.

“Fishermen in Eastern North Carolina and many places across the country vehemently oppose catch share programs as nothing more than thinly veiled attempts to get fishermen to leave the business and to destroy fishing communities,” said Congressman Jones.

“The reality is that to the extent that solid science demonstrates that reductions in catch in any given fishery are necessary, there are far better options than catch shares for achieving those reductions.  The bottom line is catch shares are not wanted in North Carolina.  The last thing the federal government should be doing in these economic times is spending millions of taxpayer dollars to expand a program that will put even more Americans out of work.” 

 

 

 

 

 

 

The following was released by Eric C. Schwaab, NOAA Assistant Administrator for Fisheries:

Today, I am pleased to appoint Russell Dunn as the NOAA Fisheries National Policy Advisor for Recreational Fisheries and to appoint 22 members of the recreational fishing community from around the nation to a Recreational Fisheries Working Group to provide expertise on saltwater recreational fishing to NOAA’s Marine Fisheries Advisory Committee (MAFAC).

These actions fulfill a pledge made by NOAA administrator Jane Lubchenco to the recreational fishing community to put in place the national advisor to help lead NOAA’s efforts to create a stronger and more productive partnership between NOAA and America’s saltwater angling community.

As national advisor, Russell Dunn will work with anglers to address their interests as we build and implement an action agenda to provide for the long-term health of fish stocks and work to protect and enhance the significant social and economic benefits fisheries provide to anglers and to our coastal communities. Russell will report directly to me.

Russell, who begins the job on March 28, brings 14 years of public and private-sector experience in national and international marine fisheries policy. He is respected for his experience and dedication by leaders of the recreational fishing industry. He has been the branch chief of NOAA Fisheries Highly Migratory Species Management Division, served as a policy advisor to the U.S. Delegation to the International Commission for the Conservation of Atlantic Tunas, and worked as director of government relations at the National Audubon Society on its Living Oceans Campaign. He also worked for then- Senate Majority Leader George Mitchell. An avid angler, Russell will be based in St. Petersburg, Fla, in the heart of the nation’s largest recreational fishing region. He will serve as the national point of contact for the saltwater fishing community, and coordinate closely with both NOAA Fisheries national and regional staff.

His first duties will include helping Dr. Lubchenco and me to bring together over one hundred recreational fishing constituents and representatives from around the country, including the members of MAFAC’s recreational fisheries working group, to a national summit on April 16 and 17 in Alexandria, Va. At the summit, we will explore issues important to recreational fisheries, and identify priority actions for moving forward.

Russell takes over for Gordon Colvin who has been serving as interim Senior Policy Advisor for the past 6 months. I would like to thank Gordon for his extraordinary service.

Please join me in welcoming Russell to this new and important role.

 

 

 

 

 

 

Both the people who were there and the people who were not there were unhappy with yesterday's unusual closed-door meeting with national fisheries officials, fishing industry representatives and members of the state's congressional delegation, including both senators.

Although Jane Lubchenco, administrator of the National Oceanic and Atmospheric Administration, promised flexibility and accountability, officials left the session, arranged by U.S. Sen. John Kerry, D-Mass., concerned that the agency was staying the course to impose extremely limited catch shares along with a cooperative system called sector management.

The fear in the industry is that the changes will cause a wave of job losses and idle boats by midyear because the allocations are too small for small boats to make enough money.

"If we proceed along the lines contemplated, we will lose 50 percent of our fleet," New Bedford Mayor Scott Lang wrote in a letter fired off to Lubchenco after the meeting.

Bridgid O'Rourke, spokesman for Kerry, D-Mass, portrayed yesterday's meeting, to which the press was excluded, as "a private stakeholders' meeting" put together at the request of Massachusetts fishing industry representatives.

But Peter Shelley, vice president of the Conservation Law Foundation, described the session, which included no representatives from the environmental community, another way.

"This (was) an industry-driven lobbying event," he said.

"I don't see any balance at all."

Peter Baker, the manager of the Pew Trust New England Fisheries Campaign, said the industry opposition is better organized and more political than before.

"This is some big political muscle being flexed by the industry. I've been impressed by it. It's the most organized I've seen," he said.

"Environmentalists in New England are a little intimidated," said Ken Stump, policy director for the Washington-based Marine Fish Conservation Network.

But Tom Dempsey, fisheries policy coordinator for the Cape Cod Commercial Hook Fishermen's Association, pointed out that there was a middle ground, small changes that could alleviate the short-term concerns of fishermen and take some of the heat off NOAA. Dempsey, who went to the meeting even though he was not invited to speak, said it wasn't as one-sided as the agenda seemed to be.

"I thought the dialogue was constructive," Dempsey said after the meeting. Although the hook association "wouldn't welcome any effort to gut conservation measures," he thought some of the industry requests were reasonable and that NOAA chief Lubchenco had the right answers.

Lubchenco told participants that a review by the National Academy of Science of the science behind the 10-year rebuilding timelines, requested by Frank and Snowe, was moving forward. She also indicated that her agency was working on getting better information on pollock and skate that may allow fishermen to catch more.

Fishermen dispute NMFS estimates showing that these species are in trouble because they believe the data is incomplete.

Read the complete story at Cape Cod Times.