Saving Seafood

Herring Fishermen Challenge Rule Requiring At-Sea Monitors

February 20, 2020 — The U.S. Department of Commerce violated federal administrative law by requiring at-sea monitors for herring fishing and making the industry pay for them, a group of New Jersey fishermen say in a new federal lawsuit.

The Secretary of Commerce’s approval of a final rule, and a related omnibus amendment, is arbitrary and capricious, according to the lawsuit filed Wednesday by the fishing company Loper Bright Enterprises Inc. and others in the U.S. District Court for the District of Columbia.

Read the full story at Bloomberg Environment

Deck Equipment: Rise of the Machine

June 14, 2019 — Cameras start to take over for live observers on deck: What does it mean for owners and operators across the country?

Electronic monitoring programs are on the rise as a way to reduce observer costs, avoid the problems of having another person onboard, and increase data gathering. After testing and implementing several programs, NOAA is developing criteria for EM hardware producers and service providers.

“We hope to have standards by the end of the year,” says Brett Alger, electronic technologies coordinator at NMFS. “Once we lay down the framework, it could allow EM to expand greatly.” In February 2019, Alger spoke at a conference in Bangkok that explored the potentials of electronic monitoring. Presenters talked about the real-time upload, via satellite or cell signal, of video from boats, which could be reviewed by artificial intelligence. “We’re hoping to automate review,” says Alger. “We’re looking at machine learning that could identify and measure fish in a split second.”

According to Alger, the idea of monitoring things like bycatch, discards and quota by putting cameras onboard has been around for 20 years, and the Pacific whiting fishery has used electronic monitoring for 15 years. But establishing EM programs is much more complicated than just hooking up cameras and connecting them to a hard drive.

Among EM service providers, two leaders — Archipelago Marine Research and Saltwater Inc. — have broken ground with several programs around the U.S. coasts. Archipelago provides a complete package of cameras, hard drives and review services. Saltwater offers software and some hardware, and a number of services, including developing a vessel monitoring plan and video review.

Read the full story at National Fisherman

THE EAGLE-TRIBUNE: Long-term solution needed for monitoring fishermen

August 17, 2018 — The New England fishing industry is enjoying a rare victory over federal regulators, as the National Oceanic and Atmospheric Administration announced earlier this week that it would pick up the cost of at-sea monitoring of boats this year. What’s more, NOAA will reimburse fishermen for some of their out-of-pocket expenses from 2017.

While that’s good news, there is still work to be done. There is no guarantee the new policy — less a promise of change than a one-time concession tucked in the federal budget — will continue past this year. And beyond the cost, the expensive, inefficient at-sea monitoring program, which spreads a limited amount of monitors among a large number of vessels for an undetermined number of trips, must be able to provide accurate information regulators and fishermen can trust.

First, credit where credit is due. It was New Hampshire Sen. Jeanne Shaheen who tucked the $10.3 million into the federal budget to pay for the monitoring program, which is meant to ensure fishermen are adhering to regulations that limit how much and what type of fish they can catch. The boat is required to allow a NOAA monitor to tag along on trips and record what has been caught.

Read the full story at The Eagle-Tribune

East Coast fishermen spar with federal government over cost of at-sea monitors

July 14, 2016 — Every year, the federal government spends millions monitoring New England commercial fishermen to ensure they ply their timeless maritime trade in accordance with the law.

Now, a judge is set to rule on who should foot the bill for the on-board monitors: the government or the fishing boat owners. The East Coast fishermen say sticking them with the bill would be the “death knell” for their  industry and is illegal on the part of the federal government.

Fishermen of important New England food species such as cod and haddock will have to start paying the cost of at-sea monitors soon under new rules. Monitors — third-party workers hired to observe fishermen’s compliance with federal regulations — collect data to help determine future fishing quotas and can cost about $18,000 a year, or $710 per voyage.

The Cause of Action Institute, a legal watchdog representing a group of East Coast fishermen, sued the federal government in December in U.S. District Court in Concord, N.H., seeking to block the transfer of payments from the National Oceanic and Atmospheric Administration to the fishermen.

“It is unlawful for NOAA to force struggling fishermen to pay for their own at-sea monitors,” said former federal judge Alfred Lechner, the institute’s president and CEO. “The significant costs of these regulations should be the responsibility of the government.”

The lawsuit was filed against the Department of Commerce on behalf of David Goethel, owner and operator of F/V Ellen Diane, a 44-foot trawler based in Hampton, N.H., and Northeast Fishery Sector 13, a nonprofit representing fishermen from Massachusetts to North Carolina.

It called the transfer of payments the “death knell for much of what remains of a once-thriving ground fish industry that has been decimated by burdensome federal overreach.”

“Fishing is my passion and it’s how I’ve made a living, but right now, I’m extremely fearful that I won’t be able to do what I love and provide for my family if I’m forced to pay out of pocket for at-sea monitors,” Goethel said when the suit was filed last December.

Read the full story at Fox News

Federal lawsuit over at-sea monitoring still a go

June 29, 2016 — Fishermen opposing the cost-shift of at-sea monitoring say they are moving forward with a federal lawsuit despite the National Oceanic and Atmospheric Administration concession that it will help pay for the cost of the monitors for New England fishermen.

The at-sea monitoring program analyzes the fishing area, as well as the catch and gear type, in order to monitor sector quotas. The Northeast Fisheries Science Center, the research arm of NOAA Fisheries, is required to collect scientific, management, regulatory compliance and economic data for fisheries.

Read the full story at Mainebiz

Sens. Collins, King Applaud Funding to Help Reimburse Maine Fisherman for At-Sea Monitoring Program

June 27, 2016 — WASHINGTON — U.S. Senators Susan Collins and Angus King today welcomed an announcement from the National Oceanic and Atmospheric Administration (NOAA) that it will fund an estimated 85 percent of the sea days needed for the At-Sea Monitoring (ASM) Program for the current fishing year. Beginning July 1, groundfish fishermen covered by the Northeast Multispecies Fishery Management Plan will be reimbursed for their at-sea monitoring costs through an arrangement with the Atlantic States Marine Fisheries Commission.

“The At-Sea Monitoring Program is an important tool that helps us to responsibly manage Maine’s critical ocean resources,” Senators Collins and King said in a joint statement. “Maine’s hardworking fishermen shouldn’t bear an unfair financial burden in supporting the ASM program. We applaud NOAA for stepping up to help reimburse our fishermen, and will continue to fight for the Maine groundfish industry moving forward.”

Read the full press release at the newsroom of Sen. Collins

Fishermen vow to continue lawsuit about monitoring rules

June 27, 2016 — CONCORD, N.H. — Attorneys for fishermen who oppose a new cost imposed by regulators say they will continue with a federal lawsuit despite a recent concession by the federal government.

The lawsuit concerns the cost of at-sea fishing monitors, who are workers hired to collect data that inform catch quotas. The government shifted the cost of paying for monitors from itself to fishermen earlier this year.

The National Oceanic and Atmospheric Administration said recently that fishing trips on or after July 1 may be eligible for reimbursement of monitoring costs.

Read the full story from the Associated Press at the New Jersey Herald

In Shift, NOAA Says Fish Fleets Will Be Reimbursed For Monitoring Costs

June 24, 2016 — Deviating from plans that had caused an uproar, federal fishing regulators plan to announce Thursday that some of the fishing industry’s costs for groundfish monitoring will be reimbursed this year.

The at-sea monitoring program places regulators onboard vessels and in March the federal government started shifting the cost for the monitoring onto the fishing industry, according to Northeast Seafood Coalition Executive Director Jackie Odell.

“The fishery’s just not in a profitable place to be taking on this additional burden,” Odell told the News Service. She said, “There are some boats that are going out, but it’s a mixed bag.”

A memo dated Thursday from a National Marine Fisheries Service official sent to congressional offices and obtained by the News Service said the federal regulators anticipate federal funds can cover at-sea monitoring for about 85 percent of the days at sea for the current fishing year. The memo cautioned that the agency does not “expect this situation to recur in future fishing years.”

“Beginning July 1, groundfish fishermen will be reimbursed for their at-sea monitoring costs through an arrangement with the Atlantic States Marine Fisheries Commission,” the federal memo stated. “The arrangement will last until funds are expended, and is not expected to cover costs for the entire year or be repeated in the future.”

Read the full story from the State House News Service at WBUR

US offers fishermen help in paying monitors

June 24, 2016 — Over the past year, the region’s groundfishermen have argued that the federal government was jeopardizing their livelihoods by forcing them to pay for a controversial program that requires government-trained monitors to observe their catch.

On Thursday, after months of heated debates with fishermen, officials from the National Oceanic and Atmospheric Administration announced that they have found money to cover most of the observer costs for the rest of the fishing year.

NOAA officials said that a contractor they hired to place observers aboard fishing vessels failed to do so for about one-third of the total number of days that they were expected to accompany fishermen to sea. As a result, NOAA has enough money to cover an estimated 85 percent of the rest of the so-called at-sea monitoring program.

“That’s an estimate because it depends on how much fishing occurs over the year,” said Samuel D. Rauch, deputy assistant administrator for regulatory programs at NOAA Fisheries.

Groups representing groundfishermen, who have been required since March to pay hundreds of dollars every time an observer accompanies them to sea, have argued that the costs were too much to bear and would put many of them out of business. NOAA estimates it costs $710 every time an observer joins them, though most fishermen have negotiated lower fees.

But many groundfishermen, who catch cod, flounder, and other bottom-dwelling fish, have already been suffering from major quota cuts. NOAA last year, for example, cut the region’s cod quota by 75 percent.

“This will definitely lessen the economic burden on small, family-owned fishing businesses, and will allow time to address many logistical issues that have surfaced since industry payments began,” said Jackie Odell, executive director of the Northeast Seafood Coalition, an advocacy group for groundfishermen in Gloucester.

Read the full story at the Boston Globe

NOAA To Reimburse 85 Percent Of Costs For Fishing Monitors

June 24, 2016 — The following is excerpted from a story published yesterday by the Gloucester Times:

NOAA Fisheries today said it will reimburse Northeast groundfishermen an estimated 85 percent of the 2016 sea days needed for at-sea monitoring, alleviating if only temporarily the burden of fishermen assuming the costs of the observer program.

In a reversal of its previous stance and statements, NOAA said any groundfish sector trip beginning on or after July 1 may be eligible for the reimbursement of at-sea monitoring costs through a program the federal fisheries regulator is developing with the Atlantic States Marine Fisheries Commission.

The agency also stressed the reimbursement program is temporary and unlikely to last beyond the 2016 fishing season but “preserves the the contract relationships sectors already have in place” with third-party at-sea monitoring providers.

Federal groundfish permit holders absorbed the costs of at-sea monitoring — estimated at an average of $710 per day per vessel —  on March 1 after the National Oceanic and Atmospheric Administration said it had exhausted the funds budgeted for that program.

Read the full story at the Gloucester Times