Saving Seafood

Officials calling for more accurate fish counts

December 14, 2015 — WASHINGTON – The federal agency in charge of the nation’s fisheries should do a better job counting fish so it can develop proper catch limits for recreational anglers, a report by Congress’ investigative arm concludes.

The analysis by the Government Accountability Office was requested nearly three years ago by several Republican senators from the Gulf Coast who believe the Obama administration may have been overly restrictive in imposing catch limits on several popular fish, including red snapper.

The GAO report says the National Marine Fisheries Service has taken “many steps” in recent years to improve data collection but needs to adopt a master plan for counting fish in a more accurate, timely and transparent manner.

For example, the agency doesn’t have a complete registry of recreational anglers, often misses some groups of fishermen while conducting surveys, lacks catch-and-discard data in areas where access to the coastal communities is limited, and needs more “shoreside observers” to improve data collection.

“Without a comprehensive strategy, NMFS may have difficulty ensuring that the variety of steps it is taking to improve data collection are prioritized so that the most important steps are undertaken first,” the report says. “Further, without communicating the strategy and NMFS’ progress in implementing it, NMFS may have difficulty building trust among its stakeholders, and these stakeholders may have difficulty tracking the agency’s efforts.”

Read the full story from USA Today at Pensacola News Journal

 

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

House Panel Supports Efforts to Safeguard Atlantic Coast Fisheries Access, Protect Against Obama Administration’s Potential Unilateral Fisheries Closures

December 7, 2015 — RIVERHEAD, N.Y. – The following was released by the House Committee on Natural Resources: 

Today, the House Committee on Natural Resources held an oversight field hearing in Riverhead, NY on public access to Atlantic fisheries and the impact and implementation of federal decision-making on the commercial and recreational fishing industry and local economies.  The panel received testimony from fisheries stakeholders and a representative from the National Oceanic and Atmospheric Administration (NOAA).

One focal point of the hearing was the possible designation by the Obama Administration of National Marine Monuments along the Atlantic Coast using the Antiquities Act, which would deny public input and usurp established habitat and fisheries management plans. Commercial and recreational fisheries stakeholders before the panel supported Committee efforts to ensure public input in future potential designations.

“I know firsthand what happens when a President abuses the Antiquities Act against the wishes of local residents as a means of shutting off multiple uses of lands and waters. There’s a reason we have laws on the books to ensure federal management decisions are informed by experts at the regional level, in full consultation with states and local users – not under the cover of darkness,” Committee on Natural Resources Chairman Rob Bishop (R-UT) said.

“Fishing and the maritime economy have been a key part of the economy, culture, and history of Long Island for centuries. Now more than ever our fisheries and the dedicated men and women who work in this important industry face challenges that must be addressed,” stated Rep. Lee Zeldin (R-NY) during opening statements. “And now more than ever we must strike the right balance between a strong fishing economy and protecting our critical natural resources. Fairness, transparency, and giving our fishermen and boaters a seat at the table is why we are here today.”

“Designating marine monuments is a relatively new practice that only began in 2006, with a monument designation larger than all of America’s National Parks combined, approximately the size of Germany,” Rep. Tom MacArthur (R-NJ) said during the hearing. “I find it particularly troubling that there is no concern given to local fish and wildlife commissioners or the state and local elected officials when sites are considered. There are serious implications to this designation and local communities should be involved in these designations, rather than a decree from Washington.”

In recent months, Members of Congress on both sides of the political aisle have voiced opposition to the potential Marine Monument designations and called upon the Obama Administration to seek local input on any potential actions.

Earlier this year, the House passed H.R. 1335, a bill to reauthorize and modernize the Magnuson-Stevens Act (MSA), the primary federal law that governs federal fisheries management.  This bill makes key reforms to reflect scientific advancements and regional needs, and includes provisions to ensure that state and local interests are protected from future Marine Monuments designated under the Antiquities Act.

Click here to view witness testimony. Video footage of the hearing will be available here later today.

Read the release here

CHRISTIAN PUTNAM: Transparency lacking in harmful fishing restrictions

December 7, 2015 — The National Oceanic and Atmospheric Administration and the Obama Administration are working closely with several environmental groups to “protect” vast areas of ocean off New England’s coast from the dreaded commercial and recreational fishermen.

After NOAA’s utter failure to work with the stakeholders that make up the fishing community through the National Marine Fisheries Service, rebranded NOAA Fisheries after the name became synonymous with disastrous over-regulation, it appears an even less transparent process is now underway to regulate our natural resources.

Plans have been hatched by several environmental groups that include the Conservation Law Foundation, Pew Charitable Trust, and the National Resources Defense Council to create at least one Marine National Monument in New England Waters. Potential areas include Georges Bank, east of Cape Cod, and Cashes Ledge, about 80 miles east of Gloucester.

It has been reported that direct conversations have occurred between these organizations, the administration and NOAA. The plan is to use the Antiquities Act of 1906 to allow for unilateral action by President Barack Obama to designate certain areas as national monuments from public lands to preserve their significant cultural, scientific or natural features.

Read the full opinion piece at the Scituate Mariner

Legislation Introduced to Reform Seasonal H-2B Guest-Worker Program

November 9, 2015 — Legislation has been introduced in the House of Representatives to reform the H-2B seasonal guest-worker program. H.R. 3918, the Strengthen Employment and Seasonal Opportunities Now Act also known by its acronym the SEASON Act, will reform the guest-worker program used by American employers to hire foreign workers for temporary and seasonal work, such as forestry, seafood processing, and other industries.

Introduced by House Small Business Committee Chairman Steve Chabot from Ohio, House Judiciary Committee Chairman Bob Goodlatte of Virginia, Congressman Andy Harris of Maryland, and Congressman Charles W. Boustany, Jr., MD of Louisiana, the SEASON Act is designed to bring needed reforms to the H-2B program in order to protect American workers, help U.S. employers who play by the rules hire seasonal guest-workers, save taxpayer dollars, and ensure the H-2B program is truly a temporary, seasonal guest-worker program.

“New regulations for the H-2B visa program issued by the current Administration are increasing the red tape and creating higher costs for the small and seasonal businesses using the H-2B program,” said Gulf Seafood Institute member Frank Randol, owner of Randol’s Restaurant and a shellfish processor who depends on guest-worker labor. “Many of our Gulf seafood processing plants were unable to open in 2015 due to a lack of labor. The industry will struggle to survive if they have a second year without these workers. This legislation is desperately needed.”

Read the full story at Gulf Seafood Institute

 

Providence Journal: Balance of Interests Needed on Proposed Atlantic Monument

October 12, 2015 — There is no escaping the tension that exists between protecting our environment and using our natural resources for the benefit of humankind.

Sometimes, the right steps are obvious, such as when we protect endangered species, or designate a stretch of majestic mountains as national forest or parklands. At other times, there can be strong opinions and interests on both sides, with some favoring protections and others favoring a hands-off approach.

Always, it is important to strike a balance — one that protects and preserves our resources without overlooking the need for humans to use those resources and provide for themselves. Indeed, establishing wise protections can improve our quality of life while preserving the resources that provide so many benefits.

Read the full editorial at Providence Journal 

 

Greens’ Hopes For Quick Win On New England Monument Fade

Emails obtained by Saving Seafood through public records requests confirm rumors that environmental activists hoped to convince the White House to announce Atlantic Marine National Monuments at next week’s “Our Oceans” conference in Chile. 

In this Greenwire story, Conservation Law Foundation Interim President Peter Shelly tells reporter Emily Yehle that the organizers were “trying to keep that quiet” to minimize the opportunity for opponents “to organize against it.”

WASHINGTON (Saving Seafood) – October 1, 2015 – The story excerpted below was written by E&E reporter Emily Yehle, and appeared on September 30, 2015 in Greenwire:

One month ago, environmental groups were strategizing over their latest bid: Get the Obama administration to create its first marine monument off New England.

They had talks with fishing groups, lawmakers and think tanks. At the end of August, they exchanged emails over their progress — and in one, the president of the Conservation Law Foundation warned everyone to keep quiet about the possibility of a breakthrough at the upcoming Our Ocean Conference in Chile.

“I hope no one is talking about Chile to the outside world,” CLF Interim President Peter Shelley wrote. “It’s one of the few advantages we may have to know that it could happen sooner rather than later.”

The email showed up in response to a public records request that Saving Seafood filed with the office of Maine Gov. Paul LePage’s. The advocacy group — which represents fishermen opposed to the monument — sent the emails to Greenwire yesterday, asserting that they confirm “rumors” of an impending monument announcement from the White House.

Such an announcement would certainly make waves. The proposed monument is small and sees little activity today, but it is near prime fishing grounds. House Republicans have also added the proposal to their arsenal of criticism over the White House’s use of the Antiquities Act (E&E Daily, Sept. 30).

But Shelley, in an interview today, said the email was just hopeful speculation. With the conference coming up, environmental groups had hoped to convince the Obama administration that the New England marine monument was shovel-ready and ideal for a conference announcement.

“The time was pretty short to pull it off. We thought there might be an opportunity we could get them to think about these areas for an announcement in conjunction with the Our Ocean Conference,” Shelley said. “We were trying to keep that quiet because we didn’t want to give the opposition more of an advantage. The more time they had, the more opportunity they would have to lobby, to fight it, to organize against it.”

Chile is set to host the second Our Ocean Conference in Valparaíso next week. The State Department hosted the first one last year — and used it as an opportunity to announce that Obama would drastically expand the Pacific Remote Islands Marine National Monument (Greenwire, June 17).

Robert Vanasse, executive director of Saving Seafood, said rumors that the White House would make an announcement at the conference have been making the rounds for a few weeks.

“Given that last summer the Pacific monument expansion announcement took place at the State Department oceans summit, that seemed in keeping with previous actions,” Vanasse said. “We don’t put a lot of stock in Washington rumors; however, whenever our various [Freedom of Information Act] filings yielded this document, it seemed to be in sync with the rumors around town.”

The creation of monuments is usually shrouded in secrecy. Presidents can unilaterally create them under the Antiquities Act, a century-old law that requires no public process and no congressional approval.

Read the full story here

More Than 2,000 Enslaved Fishermen Rescued in 6 Months

September 17, 2015 — AMBON, Indonesia (AP) — More than 2,000 fishermen have been rescued this year from brutal conditions at sea, liberated as a result of an Associated Press investigation into seafood brought to the U.S. from a slave island in eastern Indonesia.

Dozens of Burmese men in the bustling port town of Ambon were the latest to go home, some more than a decade after being trafficked onto Thai trawlers. Grabbing one another’s hands, the men walked together toward buses last week. As they pulled away for the airport, some of those still waiting their turn to go home cheered, throwing their arms in the air.

“I’m sure my parents think I’m dead,” said Tin Lin Tun, 25, who lost contact with his family after a broker lured him to Thailand five years ago. Instead of working in construction, as promised, he was sold onto a fishing boat and taken to Indonesia. “I’m their only son. They’re going to cry so hard when they see me.”

The reunion he envisions has played out hundreds of times since March, after the AP tracked fish — caught by men who were savagely beaten and caged — to the supply chains of some of America’s biggest food sellers, such as Wal-Mart, Sysco and Kroger, and popular brands of canned pet food like Fancy Feast, Meow Mix and Iams. It can turn up as calamari at fine restaurants, as imitation crab in a sushi roll or as packages of frozen snapper relabeled with store brands that land on our dinner tables. The U.S. companies have all said they strongly condemn labor abuse and are taking steps to prevent it.

In response, a multimillion-dollar Thai-Indonesian fishing business has been shut down, at least nine people have been arrested and two fishing cargo vessels have been seized. In the U.S., importers have demanded change, three class-action lawsuits are underway, new laws have been introduced and the Obama administration is pushing exporters to clean up their labor practices. The AP’s work was entered into the congressional record for a hearing, and is scheduled to be brought up for discussion again later this month.

The largest impact, by far, has been the rescue of some of the most desperate and isolated people in the world. More than 2,000 men from Myanmar, Thailand, Cambodia and Laos have been identified or repatriated since the AP’s initial story ran, according to the International Organization for Migration and foreign ministries. The tally includes eight fishermen trafficked aboard a Thai cargo ship seized in neighboring Papua New Guinea.

Read the full story from the Associated Press at The New York Times

 

CARLOS RAPHAEL: White House should heed call on at-sea monitors

September 10, 2015 — In a show of bipartisan cooperation that’s all too rare in today’s politics, Massachusetts’ Republican governor and all-Democratic congressional delegation united late last month to call upon the Obama administration to reverse a particularly egregious federal policy: the current plan by NOAA to require the fishing industry to pay the full cost for at-sea monitors for the groundfish fishery. Fishermen will now be required to hire monitors from an approved short list of for-profit companies. This policy will impose a significant burden on area fishermen, and poses a threat to the future of a fishery that is already reeling from a string of onerous federal regulations.

Thanks goes to Gov. Charlie Baker, Sens. Elizabeth Warren and Ed Markey, and all nine of our Massachusetts representatives in Congress for giving voice to what fishermen have been saying for years: Forcing fishermen to pay for the observers who monitor their catch will be a financially disastrous outcome for the fishery. As their joint letter notes, ther National Oceanic and Atmospheric Administration’s own analysis of shifting the cost of monitors onto the industry finds that 60 percent of the fleet would be operating at a loss if required to pay for monitoring. In just the first year, the program would cost fishermen an estimated $2.64 million.

Yet NOAA does not seem to fully realize how seriously this policy puts the fishery at risk. The $2.64 million that NOAA expects the fishery to pay in monitoring costs is $2.64 million that fishermen simply don’t have. The fishery still has not recovered from years of declining quotas and a federally declared economic disaster in 2012. Imposing another unfunded mandate on the fishery will force many remaining fishermen to exit the industry altogether.

Read the full story at the New Bedford Standard-Times