Saving Seafood

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

MASSACHUSETTS: Fisheries Center Might Move Out Of Woods Hole

December 23, 2015 — The National Oceanic and Atmospheric Administration is exploring the possibility of relocating the Northeast Fisheries Science Center to a new facility outside of Woods Hole.

NOAA’s chief of research communications Teri Frady said Monday that the United States Department of Commerce, which oversees the NEFSC, has been evaluating the feasibility of the existing facility for about a year. She said a report will be completed by spring 2016 outlining options for the facility, which could include moving operations to a new building outside of Woods Hole.

The fisheries center, which operates as a research division of NOAA Fisheries, was founded by Spencer Fullerton Baird upon his appointment by President Ulysses S. Grant as the country’s first fisheries commissioner in 1871. The original facility was built on Water Street in 1885. After the facility was destroyed during Hurricane Carol, the current building was constructed in the same location in 1961.

Today, the Woods Hole branch manages operations of four other fisheries laboratories in the northeast, including those in Sandy Hook, New Jersey; Milford, Connecticut; Narragansett, Rhode Island; and Orono, Maine.

Ms. Frady said NOAA sees relocating as a way of possibly bringing all the fisheries operations together. In addition to its headquarters on Water Street, the fisheries houses its observer program on Carlson Lane, while its social sciences department operates out of leased space in the Falmouth Technology Park. The organization also operates a warehouse in Pocasset.

Read the full story at The Falmouth Enterprise

Lawsuit plaintiffs: Groundfish observer funding rule will ‘basically destroy industry overnight’

December 11, 2015 — A lawyer representing fishermen suing the federal government over a forthcoming requirement that they pay for the cost of bringing at-sea observers on their boats estimates that “more than half” of the US east coast groundfishermen will go out of business if the new rule takes effect.

Speaking to reporters on Dec. 10 about a lawsuit filed that day against the National Oceanic Atmospheric Administration (NOAA) and the US Department of Commerce, attorney Stephen Schwartz estimated that the rule change would “basically destroy the industry overnight”.

“That’s the fishermen with downstream effects on the crews, on buyers and sellers of seafood, on restaurants with kind of rippling effects throughout the entire economy of New England,” he said.

Schwartz works for Cause of Action, a non-profit Washington, D.C.-based legal advocacy group that is representing New Hampshire groundfisherman

David Goethel as well as the non-profit industry group Sector XIII  filed suit in federal court alleging that a NOAA requirement that groundfishermen begin paying for the cost of at-sea observers on Jan. 1 — a cost that NOAA has previously borne itself — violates existing federal laws including the Magnuson-Stevens Act.

According to Sector XIII manager John Haran, the at-sea observer funding rule will accelerate the decline of the east coast groundfish industry, which has already been in decline for years, he said.

Goethel, who operates a small dayboat from New Hampshire waters, agreed.

“We can not afford to pay for this. It’s that’s simple. I would ask everybody on the call, could you afford to pay $710 to pay for someone to ride to work with you everyday. We can’t either,” Goethel said.

Haran added fishermen are not clear why the cost for the at-sea observers is so high.

“The actual observer, the person on the boat gets paid between $15 and $20 per hour. How they get to $710 from there is one of the great mysteries of this whole program,” he said. “The fishermen are expected to pay for the observers’ training, for observer company overhead, for observer company profit even though we don’t know what that profit is.”

NOAA has defended the program arguing that it needs the information provided by the observers, but doesn’t have the resources to fund it itself. 

Read the full story at Undercurrent News

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

Fishermen sue to block impending fishing monitor costs

December 10, 2015 — PORTLAND, Maine (AP) — A group of East Coast fishermen is suing the federal government over a shift in the cost of at-sea fishing monitors that they say will cripple the fishery during an already difficult time.

Officials with the National Oceanic and Atmospheric Administration have said money for monitors in New England groundfisheries such as cod and haddock will be gone by early 2016. The monitors are trained workers who collect data to help determine future quotas on certain species of commercial fish.

Under the new rules, fishermen will have to pay for the monitors, which can cost about $800 per trip. Fishermen have spoken out for months against shifting the cost, saying it will sink many who are already dealing with the dwindling New England cod population and choking cuts to quotas.

A group including more than 20 groundfishermen is suing the federal Department of Commerce, which includes NOAA, in federal court in New Hampshire with a contention that the cost shift is illegal. The group is from New Hampshire, Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia and it is seeking an injunction to protect fishermen from having to pay up.

Read the full story from the Associated Press at San Francisco Chronicle

 

NOAA Fisheries Alaska Regional Office: Strategic Plan 2016-2020

October 13, 2015 — The following was released by NOAA Fisheries Alaska Regional Office:

The National Marine Fisheries Service’s (NOAA Fisheries) mission is the science-based stewardship of the nation’s living marine resources and their habitat. The Alaska Region is one of five regional offices that together support marine resource management in all Federal waters of the U.S. Exclusive Economic Zone (US EEZ: 3-200 miles offshore). The Alaska Region is a bureau of the National Oceanic and Atmospheric Administration (NOAA), which is housed in the U.S. Department of Commerce (DOC). The stepped strategic approach (figure 1) of DOC, NOAA, and NMFS informs and reinforces the Region’s science based stewardship mission.

NOAA Fisheries relies on a number of statutory authorities to define its mandate and authorize the execution of its mission. The principal statutes are the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Endangered Species Act (ESA), and the Marine Mammal Protection Act (MMPA).

A study in 2000 reported that NOAA Fisheries is the fourth largest promulgator of regulations in the Federal Government. A proportionally significant amount of this regulatory workload originates from the North Pacific, the overwhelming majority of which are developed under a uniquely participatory management system involving representatives from affected states and stakeholders, including the commercial and recreational fishing sectors. In the case of Alaska, the Region relies on the work of the North Pacific Fishery Management Council to ensure sustainable fishery harvest levels, establish conservation measures, and allocate resources among often competing user groups. Fishery management, along with the conservation of marine mammals and habitat, is supported by a robust scientific enterprise led by the NOAA Fisheries Alaska Fisheries Science Center. It is within this governance and scientific framework that the Region executes its stewardship mission.

Read the full release from NOAA Fisheries Alaska Regional Office

NOAA recommends $900K for UMass Dartmouth fisheries research

June 26, 2015 — WASHINGTON – The National Oceanic and Atmospheric Administration has recommended a dozen Massachusetts-based marine research programs receive funding this year including more than $900,000 for UMass Dartmouth to conduct four projects whose aim is to  improve the cost-effectiveness and capacity of programs to observe fish.

Some of the money will be used to maximize fishing opportunities and jobs; increase the quality and quantity of domestic seafood; and improve fishery information from U.S. territories.

The programs will be conducted through the Saltonstall-Kennedy Grant Program.

The Department of Commerce must still sign off on the projects before applicants will receive funding.

Read the full story at New Bedford Standard-Times

 

 

NOAA recommends $2.6 million for Massachusetts

June 25, 2015 — WASHINGTON — The National Oceanic and Atmospheric Administration announced Thursday that it has recommended a dozen Massachusetts-based marine research programs receive funding this year through the Saltonstall-Kennedy Grant Program.

The 12 projects are among 88 nationwide that have been recommended to receive funding totaling $25 million. The goal of the research is to maximize fishing opportunities and jobs, improve key fisheries observations, increase the quality and quantity of domestic seafood, and improve fishery information from U.S. territories. The Department of Commerce must still sign off on the projects before applicants will receive funding.

Among the Massachusetts research projects recommended for funding are:

– $497,060 for the Coonamessett Farm Foundation to conduct to research projects that seek to improve ecosystem-friendly scallop dredges and research offshore essential fish habitat of southern New England winter flounder;

– $912,079 for the University of Massachusetts Dartmouth to conduct four projects that will improve the cost-effectiveness and capacity for observations and maximize fishing opportunities and jobs;

– $774,640 for four New England Aquarium projects related to haddock, skates and cusks, and field test an electric decoy for reducing shark bycatch in longline fishing;

– $96,181 for a Center for Coastal Studies project to reduce bycatch in the sea scallop fishery;

– And, $363,604 for Cape Ann Seafood Exchange to support infrastructure and innovation.

Read the full story from the Worcester Telegram

 

2015 Appointments to the Regional Fishery Management Councils

June 22, 2015 — The following was released by the New England Fishery Management Council:

The U.S. Commerce Department today announced the appointment of 30 new and returning members to the eight regional fishery management councils that partner with NOAA Fisheries to manage ocean fish stocks. The new and reappointed council members begin their three-year terms on August 11.

The councils were established by the Magnuson-Stevens Fishery Conservation and Management Act to prepare fishery management plans for marine fish stocks in their regions. NOAA Fisheries works closely with the councils as plans are developed, and then reviews, approves and implements the fishery management plans. Council members represent diverse groups, including commercial and recreational fishing industries, environmental organizations and academia. They are vital to fulfilling the act’s requirements to end overfishing, rebuild fish stocks and manage them sustainably.

“U.S. fisheries are among the most sustainable in the world, and NOAA Fisheries is grateful for the efforts these individuals devote to our nation’s fisheries management and to the resiliency of our oceans. We look forward to working with both new and returning council members,” said Eileen Sobeck, assistant administrator for NOAA Fisheries. “Each council faces unique challenges, and their partnerships with us at NOAA Fisheries are integral to the sustainability of the fisheries in their respective regions, as well as to the communities that rely on those fisheries.”

Each year, the Secretary of Commerce appoints approximately one-third of the total 72 appointed members to the eight regional councils. The Secretary selects members from nominations submitted by the governors of fishing states, territories and tribal governments.

Council members are appointed to both obligatory (state-specific) and at-large (regional) seats. Council members serve a three-year term and can be reappointed to serve three consecutive terms. Asterisks preceding a member’s name indicate a reappointment. 

New England Council 

The New England Council includes members from Connecticut, Maine, Massachusetts, New Hampshire and Rhode Island. The appointees for 2015 will fill obligatory seats for Connecticut, Maine, Massachusetts, Rhode Island and one at-large seat.

Obligatory seats: 

*Matthew G. McKenzie (Connecticut)

*Terry A. Alexander (Maine)

*John F. Quinn (Massachusetts)

Eric E. Reid (Rhode Island)

At-large seat:

*Vincent M. Balzano (Maine)

Mid-Atlantic Council 

The Mid-Atlantic Council includes members from the states of Delaware, Maryland, New Jersey, New York, North Carolina, Pennsylvania and Virginia. The appointees for 2015 will fill obligatory seats for New Jersey and Virginia and two at-large seats.

Obligatory seats: 

Adam C. Nowalsky (New Jersey)

Peter L. deFur (Virginia)

At-large seats: 

Sara E. Winslow (North Carolina)

*Anthony D. Dilernia (New York)

South Atlantic Council 

The South Atlantic Council includes members from Florida, Georgia, North Carolina and South Carolina. The appointees for 2015 will fill obligatory seats from Florida and Georgia and two at-large seats.

Obligatory seats: 

*Benjamin C. Hartig, III (Florida)

*Edward “Zack” Bowen (Georgia)

At-large seats: 

*Charles M. Phillips (Georgia)

*Anna B. Beckwith (North Carolina)

Caribbean Council 

The Caribbean Council includes members from Puerto Rico and the U.S. Virgin Islands. The appointees for 2015 will fill an obligatory seat for the U.S. Virgin Islands and one at-large seat.

Obligatory seat: 

*Carlos F. Farchette (U.S. Virgin Islands)

At-large seat: 

Carlos J. Velazquez (Puerto Rico)

Gulf Council 

The Gulf Council includes members from Alabama, Florida, Louisiana, Mississippi and Texas. The appointees for 2015 will fill obligatory seats for Alabama, Florida, Louisiana and two at-large seats.

Obligatory seats: 

*Johnny R. Greene, Jr. (Alabama)

*Juan M. Sanchez (Florida)

*Campo E. Matens (Louisiana)

At-large seats: 

Edward W. Swindell, Jr. (Louisiana)

Dale A. Diaz (Mississippi)

Pacific Council 

The Pacific Council includes members from California, Idaho, Oregon and Washington. The Pacific Council also includes one Tribal seat. The appointees for 2015 will fill obligatory seats for California, Oregon and the Tribal seat. Two at-large seats will also be filled.

Obligatory seats: 

*David M. Crabbe (California)

*Dorothy M. Lowman (Oregon)

Joseph Y. Oatman (Tribal)

At-large seats: 

*William “Buzz” Brizendine, II (California)

Philip M. Anderson (Washington)

North Pacific Council 

The North Pacific Council includes members from Alaska and Washington. The appointees for 2015 will fill two obligatory seats for Alaska and an obligatory seat for Washington.

Obligatory seats: 

*Howard “Dan” Hull (Alaska)

Andrew D. Mezirow (Alaska)

*Craig A. Cross (Washington)

Western Pacific Council 

The Western Pacific Council includes members from American Samoa, Guam, Hawaii, and the Commonwealth of the Northern Mariana Islands. The appointees for 2015 will fill obligatory seats for Guam and Hawaii.

Obligatory seats: 

*Michael P. Duenas (Guam)

*Michael K. Goto (Hawaii)

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