Saving Seafood

AUDIO: Cause of Action & Plaintiffs Discuss At-Sea Monitoring Lawsuit

December 10, 2015 (Saving Seafood) — This afternoon, Cause of Action, a government accountability organization “committed to ensuring that decisions made by federal agencies are open, honest, and fair,” held a media call with David Goethel and John Haran, the plaintiffs in a lawsuit filed against the Department of Commerce to overturn the Department’s decision to have the commercial fishing industry pay for the cost of at-sea monitoring.

According to Cause of Action, “a large majority” of the commercial fishing operations in New England “will be forced to shut down if the government forces those who fish for cod, flounder and other ‘ground fish’ to pay out of pocket for at-sea monitoring, a program the government has traditionally funded.” The industry is expected to begin paying for the cost of at-sea monitors sometime in 2016.

According to Cause of Action, NOAA estimates that up to 60 percent of the groundfish fleet will be unable to afford the cost of at-sea monitoring. Among other reasons for the challenge, Cause of Action noted that “Congress has directed NOAA to use its appropriated funding to cover the cost of these at-sea monitors,” and “NOAA is specifically required by statute to implement regulations that allow fishing communities sustainable prosperity and ‘minimize adverse economic impacts on such communities.'”

Listen to the call 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

Fishermen File Suit in N.H. Against NOAA Over Observers

December 9, 2015 — The following is an excerpt from a story published today in the Boston Globe. The plaintiffs in this lawsuit are David Goethel, who has been a fisherman for over 30 years and has served two terms on the New England Fishery Management Council, and Northeast Sector 13, a nonprofit organization comprised of 20 active groundfishermen who are permitted in Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia. They are represented in the lawsuit by Cause of Action, a government accountability organization committed to ensuring that decisions made by federal agencies are open, honest, and fair. 

A group of fishermen in the region filed a lawsuit Wednesday against the National Oceanic and Atmospheric Administration in federal district court in Concord, N.H., arguing that the agency violated their rights by forcing them to pay for a controversial program that requires government-trained monitors on their vessels to observe their catch.

The fishermen, who in the coming weeks will be required to pay hundreds of dollars every time an observer accompanies them to sea, argue that the costs are too much to bear and will put many of them out of business. 

They’re asking the court to prevent the regulations from taking effect when the federal dollars now subsidizing the program run out early next year. 

“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,” said David Goethel, one of the plaintiffs, who for 30 years has been fishing for cod and other bottom-dwelling fish out of Hampton, N.H. “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.” 

The lawsuit alleges that, by forcing fishermen to pay for the monitors, regulators have violated their Constitutional rights and that their actions are “arbitrary, capricious, and an abuse of discretion.”

It adds that agency officials are “acting in excess of any statutory authority granted by Congress” and “improperly infringing on Congress’s exclusive taxation authority.”

As a result, the fishermen claim, the government’s authority to require the payments are “void and unenforceable.”

Fishing officials acknowledge that requiring the fishermen to pay for the so-called “at-sea monitoring” program will increase the hardship of fishermen who are already struggling with major cuts to their quotas. A federal report this year found that the costs could cause 59 percent of the region’s groundfishing fleet to lose money.

But agency officials have said that NOAA no longer has the money to pay for the program, and that by law, the fishermen were supposed to start paying for the observers three years ago.

The government has defrayed the costs because of the industry’s financial turmoil, said John Bullard, the agency’s regional administrator. In February, the agency told fishermen they would have to start paying later this year.

Bullard declined to comment on the lawsuit.

“NOAA Fisheries does not discuss ongoing litigation,” he said. “Independent of any litigation, we appreciate the challenge that paying for at-sea monitoring raises for fishermen.”

He and others noted that the fishermen may end up paying less than they expect for the observer program.

Read the full story at the Boston Globe  

Read the Legal Memo here 

Read the Complaint here

Fishermen suing feds over legality of at-sea monitoring

December 10, 2015 — A New Hampshire fisherman has filed a lawsuit in federal court against the U.S. Department of Commerce and the National Oceanic and Atmospheric Administration challenging the legality of mandated at-sea monitoring for the Northeast groundfish fleet.

David Goethel, owner of the 44-foot fishing trawler Ellen Diane out of Hampton, and Northeast Fishing Sector 13, are the named plaintiffs in the suit filed Wednesday in U.S. District Court in Concord, New Hampshire. The suit also has the backing of Cause of Action, a non-profit governmental watchdog organization.

The suit also names as defendants Commerce Secretary Penny Pritzker, NOAA Administrator Kathryn Sullivan, NOAA Assistant Administrator Eileen Sobeck and the National Marine Fisheries Service.

Last week, NOAA said it only has enough money left to fund at-sea monitoring until the end of 2015 and will shift the cost of the monitoring, estimated at $710 per vessel per monitoring day, to the fishermen sometime early in 2016.

The suit comes about a week after the New England Fishery Management Council voted to ease the level of monitoring on groundfish vessels from the current 24 percent of all trips to about 13 percent as a means of alleviating the economic impact of absorbing the at-sea monitoring costs.

Read the full story from the Gloucester Daily Times

 

Regulators to decide whether to keep Maine shrimp ban

December 7, 2015 — PORTSMOUTH, New Hampshire – Fishing regulators are ready to decide if a moratorium on fishing for Maine shrimp will be extended into next year.

Fishermen haven’t been able to catch the shrimp since 2013. The Atlantic States Marine Fisheries Commission’s Northern Shrimp Section is scheduled to meet on Monday in Portsmouth to decide if that will continue.

The commission’s Northern Shrimp Technical Committee says prospects for shrimp recovery are poor for the near future. It is asking the Northern Shrimp Section to extend the moratorium.

Read the full story at the Portland Press Herald

 

New England States Schedule Hearings on the Public Hearing Document for Draft Amendment 3 to the Atlantic Herring FMP

December 4, 2015 — The following was released by the Atlantic States Marine Fisheries Commission:

New England states of Maine through Massachusetts have scheduled their hearings to gather public comment on the Public Hearing Document for Draft Amendment 3 to the Interstate Fishery Management Plan for Atlantic Herring. The dates, times, and locations of the scheduled hearings follow. 

Maine Department of Marine Resources

Wednesday, January 6th at 1 p.m.

Marquardt Building

Conference Room 118

32 Blossom Lane

Augusta, ME

Contact: Terry Stockwell at 207.624.6553

New Hampshire Department of Fish and Game

Tuesday, January 5th at 7 p.m.

Urban Forestry Center

45 Elwyn Road

Portsmouth, NH

Contact: Doug Grout at 603.868.1095

Massachusetts Division of Marine Fisheries

Tuesday, January 5th at 2 p.m.

Annisquam River Station

30 Emerson Avenue

Gloucester, MA

Contact: David Pierce at 617.626.1532

Rhode Island Department of Environmental Management

Monday, January 4th from 6 – 9 PM

University of Rhode Island Bay Campus

Corless Auditorium

South Ferry Road

Narragansett, RI

Contact: John Lake at 401.423.1942

 

Draft Amendment 3 was initiated to propose management measures in Area 1A (inshore Gulf of Maine) which reflect changes in the stock structure, integrate recent data into management decisions, and respond to changes in the fishery. The Public Hearing Document proposes (1) alternatives to the spawning monitoring program (protocol, default start dates, area boundaries, and length of the closure period); (2) removing the fixed gear set‐aside rollover provision, and (3) requiring a vessel’s fish hold to be emptied before leaving on a fishing trip.

Today’s rebuilt herring population is comprised of a broader range of age classes with older and larger fish compared to the population during overfished conditions. Analysis of more than a decade’s worth of data suggests larger herring spawn first and the timing of the start of spawning varies from year-to-year. Proposed alternatives to the current spawning monitoring program address inter-annual differences and provide additional measures to more adequately protect spawning fish in the areas where they spawn.

At the request of the fishing industry, the Public Hearing Document includes an option to adjust the fixed gear set-aside rollover provision. Currently, the set-aside of 295 mt is available to fixed gear fishermen through November 1, after which the remaining set-aside becomes available to the rest of the Area 1A fishery. The November 1 date was set because, typically, herring have migrated out of the Gulf of Maine by that time. Anecdotal evidence suggests herring are in the Gulf of Maine after November 1, therefore, fixed gear fishermen requested the set-aside be made available to them for the remainder of the calendar year.

Members of industry also suggested a requirement for fish holds to be empty of fish prior to trip departures. This provision would allow for full accountability and encourage less wasteful fishing practices by creating an incentive to catch herring which meet market demands. The New England Fishery Management Council included a complementary provision in its Framework Adjustment 4 to the Federal Atlantic Herring FMP.

Fishermen and other interested groups are encouraged to provide input on the Public Hearing Document either by attending state public hearings or providing written comment. The document is available here and can also be accessed on the Commission website (www.asmfc.org) under Public Input. Public comment will be accepted until 5:00 PM (EST) on January 20, 2015 and should be forwarded to Ashton Harp, FMP Coordinator, 1050 N. Highland St., Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at aharp@asmfc.org (Subject line: Draft Amendment 3). For more information, please contact Ashton Harp, at aharp@asmfc.org or 703.842.0740.

Panel says moratorium on Maine shrimp fishing should stay

November 24, 2015 — PORTLAND, Maine (AP) — A key panel says Maine shrimp are still depleted and fishing regulators’ moratorium on fishing for them should remain in effect in 2016.

Fishermen haven’t been able to catch the shrimp since 2013. They were previously sought by commercial fishermen from Maine, New Hampshire and Massachusetts and were a popular winter item at fish markets.

The interstate Atlantic States Marine Fisheries Commission’s Northern Shrimp Technical Committee says prospects for shrimp recovery is poor for the near future. The committee is asking the Northern Shrimp Section to extend the moratorium at a Dec. 7 meeting in Portsmouth, New Hampshire.

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

Decision on 2016 Maine shrimp season due Dec. 7, outlook bleak

November 13, 2015 — Interstate fishing regulators say they will meet next month to decide if there will be a fishing season for Gulf of Maine shrimp next year, though they say prospects are bleak.

The fishery is currently shut down over concerns about its low population. Fishermen haven’t been able to catch the popular food species since 2013. A panel of the Atlantic States Marine Fisheries Commission will make a decision about the coming season on Dec. 7 in Portsmouth, N.H.

The fishery was formerly a popular winter fishery for fishermen who spent the warmer months trapping lobsters.

Read the full story at Gloucester Daily Times

 

 

ASMFC Northern Shrimp Section and Advisory Panel to Meet December 7, 2015

November 12, 2015 — The following was released by the Atlantic States Marine Fisheries Commission:

The Atlantic States Marine Fisheries Commission’s Northern Shrimp Section and Advisory Panel will meet on December 7, 2015 at the Urban Forestry Center, 45 Elwyn Road, Portsmouth, New Hampshire.

The Advisory Panel will meet in the morning from 9:30 – 11:30 a.m. to review the 2015 Stock Status Report and develop  recommendations for the 2016 fishing season for Section consideration. The Section will meet in the afternoon from 1 – 4 p.m. to set specifications for the 2016 fishing season after reviewing the 2015 Stock Status Report, as well as the recommendations of the Northern Shrimp Technical Committee and Advisory Panel. The Section also will receive an update from Maine on the development of its proposal to address over-capacity in the fishery.

Both meetings are open to the public. The draft agendas for the meetings can be found at  http://www.asmfc.org/files/Meetings/NShrimpSectionAP_Dec2015.pdf. For more information, please contact Max Appelman, Fishery Management Plan Coordinator, at mappelman@asmfc.org.

Fishermen get face-to-face meeting with NOAA official

October 29, 2015 — HAMPTON, N.H. – Fishermen had a rare meeting Saturday with the federal administrator whose agency has put what Granite State fishermen call backbreaking regulations on their industry.

While no promises for action were made by the official — Dr. Kathryn Sullivan, administrator of the National Oceanic and Atmospheric Association — those who met with her said they appreciated the hour and a half sit-down she gave them at the Ashworth by the Sea Hotel.

Sullivan took notes, asked questions and heard right from the mouths of the fishermen their fears that recent regulations will make New Hampshire the first state to have its groundfishing industry completely wiped out.

“I said (to Sullivan) I felt that I’m very patriotic, I love my country, but I feel my government has completely failed us in New Hampshire and in the fishing industry, and the public process has been non-existent,” said Ellen Goethel, Hampton marine biologist and wife of commercial fisherman David Goethel. Both met with Sullivan, as well as Portsmouth commercial fisherman Erik Anderson, Fish and Game’s Marine Fishery Division Chief Doug Grout, state Sen. Nancy Stiles (R-Hampton) and state Rep. Renny Cushing (D-Hampton).

U.S. Sen. Jeanne Shaheen, D-N.H., organized the 4 p.m. meeting. Shaheen contacted the NOAA administrator when she learned Sullivan would be attending a summit at the Ashworth Saturday and Sunday, Oct. 24 and 25.

Ellen Goethel said it was important for Sullivan to hear about the economic impact the regulations have had on the fisheries in New Hampshire, supported by information gathered by Grout.

Grout said the gross income for New Hampshire’s groundfishermen was reduced roughly 69 percent between 2009 and 2014, according to analysis provided by NOAA. That’s a bigger impact on groundfishermen income than in any other state, the analysis showed.

Also discussed was the core of the problem for struggling fishermen in New Hampshire – whether the science behind the strict regulations is accurate.

Grout told Sullivan there was an apparent disconnect between what NOAA’s scientists were reporting for cod stock levels and what fishermen are seeing on the water.

Read the full story at Portsmouth Herald