at-sea monitors Archives - Page 8 of 10

Massachusetts sector managers detail fishing costs

January 29, 2016 — NEW BEDFORD — Managers of area fishery sectors on Friday said many local groundfish boats could face daily charges of $125 or less-frequent charges of about $500, to pay for government-mandated monitoring of their catches.

Sector 9 manager Stephanie Rafael-DeMello and Sector 13 manager John Haran both said they negotiated with East West Technical Services, which has an office in Narragansett, R.I., for catch-monitoring services for which fishermen expect to begin paying around March 1.

Rafael-DeMello said the negotiated price was “just under $500 a day,” per boat. But because regulators randomly select boats for monitoring, she said, Sector 9 will spread the cost evenly, charging boats a flat rate of $125 per sea day in order to foot the overall costs of monitoring, which will apply only to about 20 percent of trips.

“We figured it will kind of ease the blow,” Rafael-DeMello said. “It will be a fair way for all of the vessels to share that cost.”

Sector 9 has about 21 groundfishing boats, nearly all of which operate out of New Bedford.

“We’re looking to see if we can afford to keep them all fishing, with the (quota) cuts and the costs that are coming next year,” Rafael-DeMello said. “It’s definitely going to be a struggle, to say the least.”

Read the full story at New Bedford Standard Times

Gloucester Daily Times: Finding common ground on monitors

January 13, 2016 — It takes a lot to bring Democrats and Republicans together on any issue in these days of heightened, highly partisan politics. It seems, however, that the National Oceanic and Atmospheric Administration has done the trick.

Sixth District U.S. Rep. Seth Moulton and 16 of his fellow New England congressmen — 12 Democrats, four Republicans and an independent — united last week to call on the agency to delay or call off its plans to force fishing vessel permit holders to pay to have someone looking over their shoulder as they work.

The so-called onboard monitoring program, where a federal observer rides along on fishing trips, is estimated to cost about $710 per day, per vessel. And NOAA expects fishermen to foot the bill. It’s an additional expense — the very definition of an unfunded mandate — that could put permit holders out of business for good.

As Hampton, N.H., fisherman David Goethel asked John Kasich during the presidential candidate’s visit to Seabrook last week, “Can anyone in this room afford to spend $710 a day to drive to work, to have your own personal state trooper by your side to make sure you don’t go 66 on Interstate 95? (NOAA’s) own economists tell them that fishermen can’t afford it, and their answer is, basically, ‘tough.’ We shouldn’t have to sue our own government, but we have to because they’re not being held accountable.”

Goethel is suing the federal government over the monitoring plans. Kasich called the idea of forcing fishermen to pay for monitors “ridiculous” and “absurd.”

Goethel would seem to have allies — in spirit, at least — in the region’s congressmen. Their letter to NOAA Administrator Kathleen D. Sullivan urged the agency to delay shifting costs for the program to fishermen until a more efficient, less expensive plan is devised.

Read the full editorial at Gloucester Daily Times

NEW HAMPSHIRE: Ohio Gov. John Kasich vows to help fishermen

January 9, 2016 — SEABROOK, N.H. — It’s been tough going for fishermen in recent years, but yesterday the local fishermen’s co-op managed to reel in a big catch — a candidate for president swung by to listen to their concerns and offer help.

Ohio Gov. John Kasich spent about an hour talking with members of the Yankee Fishermans Co-op. Of the dozen or so presidential hopefuls canvassing the Granite State on the eve of its primary, the Republican is the only one so far to come to the co-op. The Route 1A fishing business is the last remaining fishing coop in the greater Newburyport area — most of the fish caught off the local coastline are landed there and sent to market.

For fishermen, the predominant issue is the National Oceanic and Atmospheric Administration, NOAA for short. The agency regulates the fishing industry, and fishermen have long complained that it uses bad science and a heavy hand to enforce regulations that are putting many of them out of business.

Fisherman David Goethel of Hampton expressed his frustration with NOAA’s monitoring program, which requires that fishermen pay $710 a day to have a person serve onboard their fishing vessels as the government’s eyes and ears. Goethel is suing NOAA over the issue, arguing it is an unfair financial burden.

Read the full story at the Daily News of Newburyport

New England fishermen’s suit headed to court

January 3, 2016 (AP) — A lawsuit filed by a group of East Coast fishermen challenging the federal government over the cost of at-sea monitors will have a hearing in US District Court in Concord, N.H. on Jan. 21. New England fishermen will have to start paying the cost of at-sea monitors early this year under new rules.

Read the full story from the Associated Press at the Boston Globe

Over-regulation threatens fishing industry

December 30, 2015 — HAMPTON, N.H. — New Hampshire fishermen locked horns with a federal agency this year over fishing regulations and mandatory costs they said would put them out of business for good.

The fight ultimately led to a federal lawsuit filed in December against the National Oceanic and Atmospheric Administration, which oversees the nation’s fisheries. The suit challenged the legality of NOAA’s intent to make fishermen pay for observers to monitor their compliance with federal regulations. Fishermen said it was unfair they would be forced to pay for their own policing.

Fishermen were already struggling with regulations in the start of 2015. In August 2014, NOAA’s scientific arm reported that Gulf of Maine cod was down 97 percent from historic sustainable levels. That led NOAA to cut fishing allocations for commercial fishermen in 2015 by roughly 70 percent from last year. NOAA also prohibited recreational fishermen from catching any cod and limited haddock this year.

Half of the commercial groundfishing fleet went inactive this year as a result, leaving only nine. Many recreational fishermen have picked up land jobs for supplemental income and anticipate leaving the fishing business eventually for good.

Read the full story at the Portsmouth Herald

DAVID GOETHEL: Fishermen on the Hook to Pay for Their Own Regulators

December 28, 2015 — The following is a excerpt from an opinion piece published today in The Wall Street Journal. Mr. Goethel, a groundfish fisherman out of Hampton, N.H., writes that he is suing the National Oceanic and Atmospheric Administration “to stop it from sinking New England’s groundfish industry for good.” He is represented by Cause of Action, a government watchdog group based in Washington, D.C.

Mr. Goethel writes: “The courts are the industry’s last chance. This month, along with the Northeast Fishery Sector 13, I filed a federal lawsuit- Goethel v. Pritzker. Our claim: Neither NOAA nor its subsidiary, the National Marine Fisheries Service, has the authority to charge groundfishermen for at-sea monitors. Even if Congress had granted this authority, they would have had to follow the process called for in the Administrative Procedure Act and other statutes-which they haven’t. A bipartisan group of senators, including Susan Collins (R., Maine) and Elizabeth Warren (D., Mass.), highlighted this troubling fact in April. Writing to the assistant administrator of NOAA Fisheries, they stated NOAA ‘has chosen an interpretation of the FY15 report language that is inconsistent with congressional intent, and consequently, that very high [at-sea monitoring] costs will soon unreasonably burden already struggling members of the fishing industry in the Northeast.'”

Few professions are as significant to New England’s economy and history as fishing. Yet the ranks of groundfish fishermen have dwindled so much that we’re now an endangered species. The causes are many-but the one now threatening us with extinction is the federal government. Along with one other plaintiff, I’m suing the National Oceanic and Atmospheric Administration to stop it from sinking New England’s groundfish industry for good.

Groundfish include cod, haddock and 11 other common bottom-dwelling species. After years of dwindling stocks, in 2012 the U.S. Department of Commerce issued a disaster declaration for groundfish territory off the coast of New England. Over the past four years my cod quota-my bread and butter-plummeted from 60,000 pounds to 3,700 this year. I caught my limit in four days in June.

Shifting ocean patterns have certainly contributed to our struggles, but regulators are a separate anchor altogether. Groundfish fishermen are organized into a patchwork of 15 sectors, i.e., government-designed cooperative organizations. We operate under at least seven overlapping federal and state entities and programs, all of which have their own regulatory nets.

As if warrantless searches from the Coast Guard, catch inspections upon returning to port, and satellite tracking weren’t enough, at-sea monitors also accompany us on roughly one in five randomly selected fishing trips. They are hired by three for-profit companies-one of which is led by the former NOAA official who designed the monitor program. They follow us around and take notes on everything we do. That includes measuring our nets, measuring fish we bring in and those we throw back, and recording our expenses down to how much we spent on lunch.

The program is unnecessary given the heavy regulation that exists. And last month NOAA informed us that, beginning on Jan. 1, groundfish fishermen must pay an estimated $710 a day when a monitor is present. That fee covers the monitors’ training, mileage to and from the fisherman’s boat, supervisor salaries, data processes and all other administrative costs. It also covers a set profit margin for the three companies providing the monitors. What those margins are, neither NOAA nor the companies have disclosed.

Read the full opinion piece at The Wall Street Journal

Gulf Congressional Delegation Teams for Big Win for Gulf Reef Fish Accountability in 2016 Omnibus Appropriations Act

December 19, 2015 — The Fiscal Year 2016 Omnibus Appropriations Act heading to the White House for a Presidential signature includes $10 million for Gulf of Mexico fisheries data collection, stock assessments and research due to the tireless efforts led by Alabama’s Senator Richard Shelby, Chairman of the Senate’s Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, and Florida’s 13^th District Representative David Jolly, who sits on the House’s Appropriations Subcommittee on Commerce, Justice and Science.

Additionally, the bill directs NOAA to count fish on artificial reefs and offshore energy exploration infrastructure, and incorporate those counts into future stock assessments and management decisions for reef fish in the Gulf of Mexico. It provides continued support for electronic monitoring and reporting to collect real-time data that is more economical and efficient than current management processes. According to Senator Shelby, who authored the provisions for red snapper in the legislation, the 2016 omnibus provides up to $5 million for the National Oceanic and Atmospheric Administration’s (NOAA) National Sea Grant College program to support external research and development through its network of academic institutions for a red snapper tagging study in the Gulf of Mexico. In addition, it provides $5 million for independent, non-NOAA stock assessments for Gulf reef fish, including red snapper.

“Commercial and recreational anglers across the Gulf Coast depend on the red snapper fishery, which is not only a key economic driver, but also integral to their way of life,” Senator Shelby told Gulf Seafood News. “That is why I pushed to include common-sense reforms in this year’s omnibus bill to ensure that both commercial and recreational fishermen have increased access to the red snapper population in the Gulf.”

Read the full story at Gulf Seafood Institute

Costs for at-sea monitors will force many fishermen out of business.

December 18, 2015 — The following was released by the Center for Sustainable Fisheries:

The Center for Sustainable Fisheries fully supports the lawsuit filed in New Hampshire last week by Cause of Action. The Washington-based watchdog group, which focuses its attention on government overreach, is suing the federal government on behalf of our commercial fishermen in New England.

The case is crystal clear. It stems from the high cost for at-sea monitors and the insistence, by NOAA’s intransigent National Marine Fisheries Service, that fishermen must now foot the bill for monitors because the agency has run out of money. This is simply outrageous. The regional administrator for the National Marine Fisheries Service is former New Bedford mayor John Bullard.

Beginning January 1, fishermen who are required to bring monitors on groundfish trips will be billed an estimated $710 daily for their services, an expense previously borne by our government regulators. This mandate comes down at a time that the groundfishery in New England has been declared a disaster, with landings and revenue down and fewer boats fishing. To now burden struggling fishermen with what is undoubtedly a function of government is simply unjust. Furthermore, NOAA has conducted its own study on the costs of monitoring and concluded that upwards of 60 percent of active groundfish vessels would be rendered unprofitable if forced to pay for at-sea monitors. ‘Unprofitable’ in this case meaning fishermen going out of business; deprived not only of income but a way of life.

The plaintiffs in this important case are Dave Goethel, a CSF board member and owner of the Ellen Diane, a 44-foot dayboat out of Hampton, N.H., along with Northeast Fishery Sector XIII, comprising thirty-two East Coast fishermen and managed by John Haran in New Bedford. The controversial issue has been simmering for some time. It is now in the hands of the judiciary. In arguing the case Cause of Action will present a number of legal arguments, primarily that NOAA has no authority to compel funding. It does not take a legal scholar to see which way this case should be resolved. Let us hope that justice will prevail.

View a PDF of the release

Cause of Action’s Stephen Schwartz Discusses At-Sea Monitoring Lawsuit on WBSM

December 16, 2015 — WASHINGTON (Saving Seafood) — Last Saturday, December 12, on the Ken Pittman Show on WBSM in New Bedford, Massachusetts, Cause of Action Counselor Stephen Schwartz, discussed a lawsuit that the organization filed against NOAA for their at-sea monitoring program. During the interview, Mr. Schwartz explained that the federal requirement that fishermen fund at-sea-monitors is overly intrusive and too burdensome for the fishing industry.

“The federal government is making a huge imposition even when top agencies and regional administrators agree that fishermen can’t afford to fund the observers, and more than half of them would go out of business,” he said.

Mr. Schwartz said that most federal observers do not have the same expertise that fishermen do – fishermen who have made their living on New England waters often in inclement conditions – and present a danger to the fishermen by taking up space on the boats, and preventing them from efficiently collecting data on fish stocks.

“If fishermen were left to their own devices, they would actually protect fish stocks and be more productive,” he said.

Mr. Schwartz and Cause of Action are arguing that NOAA does not have the power to require that the industry fund the observer program, and that the principles of constitutional law involved have the potential to restructure fishing industry regulations in order to not place the burden solely on fishermen.

Listen to the interview here

New England Fishermen File Lawsuit Over At-Sea Monitoring Mandate

WASHINGTON — December 9, 2015 — The following was released by Cause of Action:

Today, Cause of Action is announcing that its clients, David Goethel, owner and operator of F/V Ellen Diane, a 44-foot fishing trawler based in Hampton, N.H., and Northeast Fishery Sector 13, a nonprofit entity comprised of over 20 groundfishermen located up and down the eastern seaboard, are suing the U.S. Department of Commerce over a program that would devastate much of the East Coast’s ground fish industry.

The complaint challenges the legality of a federal mandate requiring groundfishermen in the Northeast United States to not only carry National Oceanic and Atmospheric Administration (“NOAA”) enforcement contractors known as “at-sea monitors” on their vessels during fishing trips, but to soon begin paying out-of-pocket for the cost of these authorities. In addition to the complaint, the Plaintiffs have filed a motion for a preliminary injunction that would protect fishermen from having to bear the costs of the at-sea monitors.

“Fishing is my passion and its 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,” said Goethel. “I’m doing this not only to protect myself, but to stand up for others out there like me whose livelihoods are in serious jeopardy. I’m grateful to Cause of Action for giving my industry a voice and helping us fight to preserve our way of life.”

“The fishermen in my sector are hard-working and compassionate folks who would give the shirts off of their backs to help a fellow fisherman in need,” said Northeast Fishery Sector 13 Manager John Haran. “Our sector will be effectively shut down if these fishermen are forced to pay, themselves, for the cost of at-sea monitors.”

“By the federal government’s own estimate, this unlawful regulation will be the death knell for much of what remains of a once-thriving ground fish industry that has been decimated by burdensome federal overreach,” said Cause of Action Executive Director Dan Epstein. “Americans, particularly those who enjoy good, quality seafood, should be extremely concerned that an industry that has been around since before our nation was even founded is slowly going extinct, having been left out at sea by a federal government that seems more interested in caving to special interests than protecting jobs, families and consumers everywhere.”

BACKGROUND:

“Catch Shares” are a fishery management tool that dedicates a secure share of quota allowing fishermen or other entities to harvest a fixed amount of fish. Since 2010, the National Oceanic and Atmospheric Administration has coerced New England groundfishermen like Mr. Goethel into joining a form of catch shares known as “sectors,” where they share quota, and are forced to invite federally-contracted monitors onto their boats anytime they set out to sea.

Although the agency has claimed in Federal court that “Sector membership is voluntary; permit holders need not join a sector in order to be able to fish,” the reality is they have designed the alternative, known as the “common pool” to be so prohibitive, that fisherman are forced to join a sector to remain economically viable in the groundfish industry.

Catch Shares were promoted heavily by environmental groups and NOAA during the first years of the Obama Administration. Former NOAA Administrator Jane Lubchenco, asserted that “fisheries managed with catch share programs perform better than fisheries managed with traditional tools.” She promised that catch shares are “the best way for many fisheries to both meet [federal mandates] and have healthy, profitable fisheries that are sustainable.” However, the promises made by Federal appointees and environmentalists have not been fulfilled in New England.

Unfortunately, it’s about to get much worse for these struggling fishermen, who are already policed by the U.S. Coast Guard, the National Oceanic Atmospheric Administration (NOAA) and agents from the U.S. Fish and Wildlife Service. Some time in “early 2016,”, NOAA will begin forcing them to pay the costs associated with having at-sea monitors watch over their shoulders.

This unlawful mandate will cost Mr. Goethel and the groundfishermen of Sector 13 hundreds of dollars per day at sea, which, for many of them, is the difference between sinking and staying afloat. In fact, according to a study produced by NOAA, nearly 60% of the industry will be rendered unprofitable if it is required to pay out of pocket for these monitors.

NOAA has implemented the industry funding requirement for monitoring despite the fact that:

The Secretary of Commerce declared the groundfish fishery an economic disaster in 2012.

The industry continues to struggle with the precipitous decline in groundfish profitability, as evidenced by a four-year low in groundfish revenue of $55.2 million for Fishing Year 2013 – a 33.6 percent decline from Fishing Year 2010.

Congress has directed NOAA to use its appropriated funding to cover the cost of these at-sea monitors, which NOAA has refused to properly utilize and allocate in accordance with congressional intent.

NOAA is specifically required by statute to implement regulations that allow fishing communities sustainable prosperity and “minimize adverse economic impacts on such communities.”

As mentioned above, NOAA itself produced a study indicating that upwards of 60 percent of the groundfish industry could be rendered unprofitable if it is required to pay for at-sea monitors.

About David Goethel:

Mr. Goethel, who has been fishing for over 30 years, holds a B.S. in Biology from Boston University, and worked at the New England Aquarium as a research biologist before choosing to go back out to sea as a fisherman. Mr. Goethel served two terms on the New England Fishery Management Council, and has been an advisor to seven state and federal fishery management boards, including the Atlantic State Marine Fisheries Commission and the governor’s commission on marine biology. Mr. Goethel has been awarded the National Fisherman’s Highliners Award for his active involvement in cooperative efforts to research and manage marine fisheries resources, and is a member of the Yankee Fishermen’s Cooperative.

About Northeast Fishery Sector 13:

Northeast Fishery Sector 13 is a nonprofit organization comprised of 20 active groundfishermen who are permitted in Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia. The number of groundfishing activity within the sector has declined sharply in the past five years due to poor science and overregulation, which has resulted in quota cuts. Click here for more information about the sector.

About Cause of Action:

Cause of Action is a government accountability organization committed to ensuring that decisions made by federal agencies are open, honest, and fair.

MEDIA CONTACT: Geoff Holtzman, geoff.holtzman@causeofaction.org, 703-405-3511

Read the Complaint here

Read the Motion here

Watch a YouTube video to learn more about the case here