Saving Seafood

Groundfishermen worry looming $600 cost shift could hurt industry

PORTSMOUTH, N.H. — February 24, 2016 — New England fishermen say that they have already been gutted by limits set by the National Marine Fisheries Service over how much of certain species of groundfish remain off our shores. Now, a looming cost shift is threatening the industry entirely.

Back in 2000, there were about 100 groundfishermen in New Hampshire, using small commercial boats catching the cod, haddock and flounder that we equate with New England seafood.

In 2016, most have switched over to lobster and scallops. Many of them were forced out by limits and quotas.

David Goethel is one of only nine groundfishermen left in the state. But he’s worried something else could wipe out groundfishing completely.

“I lost 95 percent of my cod quota in the last four years and I’m fishing for things that are less value and then I’m going to have to pay for these monitors on top of that. It simply does not add up,” said Goethel.

Read the full story from WMUR

Court battle continues over at-sea monitoring

February 10, 2016 — The federal lawsuit filed by a New Hampshire fisherman to block NOAA Fisheries’ plan to shift the cost of at-sea monitoring to groundfish permit holders has devolved, at least for now, into a paper fight.

Lawyers for plaintiff David Goethel, captain of the Ellen Diane out of Hampton, N.H., have filed a motion asking U.S. District Judge Joseph J. Laplante for an expedited hearing on the merits of the case. Federal lawyers have countered with a motion to dismiss the case outright.

Laplante, sitting in Concord, N.H., has yet to rule on either motion.

In late January, Laplante denied a motion by Goethel’s lawyers for a preliminary injunction that would have immediately halted federal plans to shift the costs of at-sea monitoring to the groundfish boats, thereby helping stave off the impending economic carnage the shift is expected to visit on the already reeling fleet.

“Given that preliminary injunctive relief is not available, plaintiffs request that the court proceed to the merits at its earliest convenience,” Goethel’s lawyers wrote in their motion. “This case remains urgent, with a ‘substantial, largely unrebutted’ risk of ‘potentially disastrous financial impact’ impending in a matter of weeks.”

The National Oceanic and Atmospheric Administration said it expects to run out of money for the at-sea monitoring around March 1. Groundfish fishing sectors have been instructed to begin negotiating with monitoring contractors to directly provide the service for the remainder of the 2015 fishing season and the 2016 fishing season that is set to begin May 1.

The question, however, is at what cost. The currently accepted estimate for the cost of groundfish monitors is about $710 per day per vessel, though some fishing sectors around New Bedford have said they were able to negotiate a better price from observer contractors.

Gloucester-based fishing sectors have declined to give specifics about their negotiations with the providers of observer coverage.

Read the full story at the Gloucester Times

Fishermen await trial on NOAA monitors mandate

February 2, 2016 — HAMPTON — Local fisherman David Goethel said he hopes a court ruling comes soon to determine the legality of a new federal mandate, as he and other fishermen are fearful they will go under before the trial begins.

Goethel said he may sell his fishing boat after this summer if the trial isn’t resolved by then. He filed the lawsuit causing the trial, challenging the National Oceanic and Atmospheric Administration’s plan to make fishermen pay for their own policing. He filed it in conjunction with a fishing sector based in Massachusetts.

Industry members estimate the observers would cost a given fisherman $700 for each day the observer joined them at sea. Observers are mandated to go with fishermen on 24 percent of their fishing days. Fishermen say their industry was already being devastated by strict restrictions on catch limits.

“I will not be able to pay for this,” Goethel said. “I keep saying over and over: This is the straw that will break the camel’s back.”

Read the full story at the Portsmouth Herald

Federal judge denies fisherman’s motion to block shift of monitoring costs to fishermen

January 28, 2016 —  A federal judge has denied a New Hampshire fisherman’s motion for a preliminary injunction that would have halted NOAA Fisheries’ plan to shift the cost of the at-sea monitoring program to fishermen.

U.S. District Judge Joseph J. Laplante, sitting in Concord, New Hampshire, ruled Wednesday that New Hampshire fisherman David Goethel’s claims for injunctive relief in his suit against the U.S. Department of Commerce and the National Oceanic and Atmospheric Administration are barred by the Magnuson-Stevens Act.

“Accordingly, plaintiffs’ motion for preliminary injunction is denied,” Laplante wrote in his ruling.

Goethel, owner of the 44-foot fishing trawler Ellen Diane out of Hampton, and Northeast Fishing Sector 13 are suing the federal agencies and administrators, claiming NOAA’s plans to shift the cost of at-sea monitoring (ASM) to permit holders is illegal and will put fishermen out of business.

Saving Seafood Editor’s Note: The following clarification was provided by David Goethel, a primary plaintiff in the lawsuit:

The Judge gave a narrow preliminary ruling that denied the availability of a particular kind of preliminary injunctive relief. He ruled that he could not issue an injunction to stop the National Marine Fisheries Service from charging the fishermen for At-Sea-monitoring until the merits of the case were decided. The court said nothing about the merits of the case — specifically, nothing at all about the legality of industry funding for ASM — and we are working to get the merits decision as quickly as possible. Meanwhile the Court denied the government’s motion to transfer the case to Boston, Massachusetts, so we can hope that he will want to reach the merits soon.  We are still fighting to prevent industry funding from kicking in. A court date has not been set for a hearing on the merits of our case, but the Judge did set a date for the government to provide the administrative record and honor a Freedom of Information request for all documents and emails written in regards to at-sea monitoring.

Read the full story at Gloucester Daily Times

 

 

DON CUDDY: Fishermen fight back against government overreach

January 28, 2016 — The commercial fishermen suing the federal government over the cost of at-sea monitors had their day in federal court in Concord, New Hampshire, last Thursday. At issue is the notice to fishermen that they will henceforth be required by the National Marine Fisheries Service to pay out of pocket for the at-sea monitors that accompany them on fishing trips, an expense previously absorbed within the annual budget of the National Oceanic and Atmospheric Administration. That agency contends that it no longer has the money to fund the program, although these monitors act as agents for the government, and it insists that the boats must now assume payment. Fishermen believe that the high cost of monitors, as much as $710 daily, is excessive, will force many to tie up their boats and result in “irreparable harm.” They also believe that, irrespective of the cost, having at-sea monitors on their boats is a government mandate and consequently should be funded by the government.

I attended the hearing with John Haran of Dartmouth, manager of Northeast Fisheries Sector XIII which includes 32 fishermen. Sector XIII is a plaintiff in the case along with New Hampshire commercial fisherman Dave Goethel.

The all-day hearing concluded without a ruling. Federal District Judge Joseph Laplante will issue a decision in his own time after deliberating on a legal case with potential ramifications not only for the fishing industry but with respect to any government agency’s attempt to increase its own power.

Steve Schwartz, an attorney with Cause of Action, a nonprofit based in Washington, D.C., that focuses on government overreach, represents the fishermen. He told the court that the scope of an agency’s power is determined exclusively by Congress and that NOAA lacks the statutory authority to require fishermen to pay for monitors. If NOAA can force fishermen to start writing checks, “it would open the door to a whole panoply of ways that agencies can expand their powers,” he said.

Read the full opinion piece at New Bedford Standard Times

 

Ohio Gov. Kasich and the New Hampshire Fishermen

January 25, 2016 — When John Kasich tells you that he is a skilled executive, believe him.

Governor Kasich met with several New Hampshire fishermen on 8 January.  David Goethel, owner and captain of the 44-foot fishing trawler Ellen Diane, is suing NOAA (the National Oceanic and Atmospheric Administration) for bureaucratic overreach and has explained his position in a Wall Street Journal op-ed.  Governor Kasich read the op-ed and as a result requested the meeting.

This was not a campaign stop.  Nobody took names for a mailing list; nobody handed out bumper stickers.  The governor was there to learn and to help.

The impromptu get-together was held indoors in the fish-processing bay at the Yankee Fisherman’s Cooperative in Seabrook, N.H.  The aroma of fish guts filled the air, reminding me of my school-day summers working on the fish pier in Gloucester.

There were several fishermen present – a small several, as years of government assistance have driven many from the business.  The governor listened to them as they expanded their complaints beyond the scope of Mr. Goethel’s lawsuit.  I couldn’t hear well, as the non-campaign stop lacked an audio system.

After a few minutes, Governor Kasich said, “OK, can I speak now?” and then went on in a loud but conversational tone to outline what needs doing.  First and foremost, he said, get your congressional representatives involved.  Have them write letters, forceful letters, to the executive branch.  Get the powerful congressional leaders involved, Republicans and Democrats, like Senator Schumer among the latter group.

The fishermen told the governor that there had been several congressional letters in their behalf; all apparently fell on deaf ears.  There are currently two letters relative to Mr. Geothel’s lawsuit sent to Dr. Sullivan, the head of NOAA, in early January.  One was signed by nine senators and several House members from the five seacoast New England states.  The other was from the tenth senator of the region, the obsequious Edward Markey.

Read the full story at American Thinker

Questions schooling around at-sea fishing monitors

January 16, 2016 — The battle over the cost and scope of at-sea monitoring of Northeast groundfish vessels, now being played out on various regulatory and legal platforms, promises a hectic end to the current fishing season and a complex start to the next.

There are no shortage of questions.

  • When will the federal government run out of money and shift the responsibility for paying for observers to the permit holders?
  • How will NOAA Fisheries respond to the recommendations from the New England Fishery Management Council that would significantly alter the at-sea monitoring program in the 2016 fishing season, which begins May 1?
  • How do the fishing sectors, once they are handed the responsibility of paying for observer coverage, negotiate new contracts with monitoring contractors when they don’t know what rules will be in place for the remainder of this fishing season and the beginning of the next?
  • Finally, what affect will the federal lawsuit, filed by New Hampshire fisherman David Goethel seeking the elimination of the monitoring program, have on the process in the short and long terms?
  • “Knowing what the numbers are going to be and what the process is going to be is really important,” Northeast Seafood Coalition Executive Director Jackie Odell told the Gloucester Fishing Commission on Thursday night. “That kind of certainty is really essential.”

Presently, that certainty is nowhere to be found.

Proposed rule changes

Odell was before the board seeking its commitment to support the proposed rule changes for at-sea monitoring approved by the council in December. Those measures are designed to alter the methodology and cost of providing observer coverage to make the program more efficient and ease the ultimate burden of assuming the responsibility for paying for the coverage.

Read the full story at the Gloucester Daily 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

 

 

FISHY BUSINESS: Lack of fairness, parity at play in at-sea monitors

January 11, 2016 — The New England coast has been synonymous with fishing for over 400 years. Throughout those years, fishing as a occupation has been known for its dangers, independence and ingenuity to overcome challenges. These traits remain, especially the danger.

According to the U.S. Department of Labor, New England ground fishermen are 37 times more likely to die on the job than a police officer. When compared to the average American worker, the New England ground fisherman is 171 times more likely to be killed on the job.

It is sadly ironic that the U.S. government is likely to put the final nail in the coffin of the industry. As this column outlined in October, the National Oceanic and Atmospheric Administration’s insistence that ground fishermen fund the at-sea monitoring program is likely to put many of the fishing small businesses out of business. According to NOAA’s own report, the $710 per-day fee that the fishermen would need to fund to pay for the program will make 59 percent of the fishing enterprises unprofitable. So the men and women who literally risk life and limb to bring us fresh, local, sustainable seafood not only have the physical risks associated with their profession, but also the business risk of being driven out of business by NOAA’s unlawful regulation.

Read the full story from the Scituate Mariner