Saving Seafood

Judge rules for government in monitoring suit

August 1, 2016 — A federal judge presiding over the lawsuit filed by New Hampshire fisherman David Goethel challenging the legality of NOAA Fisheries forcing groundfishermen to pay for at-sea monitoring has ruled in favor of the federal government.

U.S. District Court Judge Joseph N. Laplante issued his 31-page ruling Friday in Concord, N.H., granting summary judgment to the defendants in the lawsuit that was filed last December naming Commerce Secretary Penny Pritzker — whose department oversees the National Oceanic and Atmospheric Administration — as lead defendant.

“Ultimately, the voluminous administrative record demonstrates that (Amendment 16) — including the industry funding requirement — was the end product of a lengthy period of deliberation and public comment,” Laplante wrote in his conclusion.

Laplante went on to say that the mandated industry funding of at-sea monitoring is authorized by the Magnuson-Stevens Act that governs commercial fishing in U.S. waters and does not violate a variety of federal acts as claimed by the plaintiffs.

Read the full story at the Gloucester Daily Times

New Pacific Fishery Management Council Members Appointed

July 1, 2016 — The following was released by the Pacific Fishery Management Council:

PORTLAND, Ore. — U.S. Secretary of Commerce Penny Pritzker announced the appointment of Marc Gorelnik of California and the reappointment of Herb Pollard, of Idaho, to the Pacific Fishery Management Council on Monday. Nominations were submitted by the governors of the two states and approved by the Secretary. The appointments go into effect on August 11.

Mr. Gorelnik, a trademark and copyright attorney, will fill the California at-large seat on the Council, replacing Mr. Dan Wolford. Mr. Gorelnik received a J.D. from the King Hall School of Law at UC Davis in 1993. Prior to entering the field of law, he was a project engineer at Hughes Aircraft Company’s Santa Barbara Research Center, and earned degrees in physics and scientific instrumentation from UC Santa Barbara. He currently lives in northern California and has worked on fishery issues on behalf of California recreational anglers for several years. Mr. Gorelnik currently serves on the Council’s Salmon Advisory Subpanel, which advises the Council on decisions that affect commercial and recreational salmon fisheries. He is Chairman of the Coastside Fishing Club and is a member of the Coastal Conservation Association and the Golden Gate Salmon Association.

Mr. Pollard currently serves as the Vice-Chair of the Council and will begin serving as Chair in August. He is currently serving his second term representing the Idaho Obligatory seat. Mr. Pollard was born in Lakeview, Oregon, and spent his early life in Lakeview and Klamath Falls, graduating from Lakeview High School in 1962. He attended University of Oregon for two years, before transferring to Oregon State University where he graduated with a BS Degree in Fisheries Science in 1967. Herb earned an MS in Fisheries Management from University of Idaho in 1969, and immediately started work for Idaho Department of Fish and Game as a Fishery Research Biologist. After a 28 year career with IDFG, including stints as Regional and State Fishery Manager, Anadromous Fishery Coordinator, and Regional Supervisor, he spent 10 years with NOAA Fisheries, dealing with Endangered Species Act consultations and regulations regarding fishery management, fish hatcheries, and harvest issues that impact listed salmon and steelhead in the Snake and Columbia River basins. Currently Mr. Pollard is working as an independent contractor consulting on fishery management issues. In addition to a professional career as a Fishery Biologist, he is an avid and expert recreational angler and has written and spoken extensively about recreational fishing.

ALASKA: North Pacific Fishery Managment Council appointments approved, AP changes upcoming

June 30, 2016 — U.S. Secretary of Commerce Penny Pritzker announced the appointments of Buck Laukitis and Theresa Peterson to the North Pacific Fishery Management Council June 27, further strengthening Gov. Bill Walker’s fisheries management position on preserving local fisheries participation in coastal Alaska.

The nominations will go into effect Aug. 11. Governors submit nominations to the Commerce Department, which must then be approved by the secretary.

The North Pacific Fishery Management Council is the most economically powerful of eight regional councils that oversee federal fisheries between three and 200 miles off the U.S. coast. As of 2014, the North Pacific region accounts for 65 percent of the nation’s total seafood harvest value, according to National Oceanic and Atmospheric Administration reports.

Peterson and Laukitis replace Duncan Fields and David Long, respectively. Fields, a Kodiak attorney and fisherman, finished his third three-year term in June 2016, the maximum terms allowed consecutively under the U.S. fisheries governing regulation, the Magnuson-Stevens Act.

Long, a Wasilla resident and Bering Sea groundfish fisherman, served one three-year term and was not reappointed though he did submit his name for consideration.

Peterson and Laukitis will fill two of six designated Alaska seats on the 11-member body.

Read the full story at the Alaska Journal of Commerce

As Onerous Fees go into Effect that Threaten New Hampshire’s Fishing Industry, Sen. Shaheen Provides an Opportunity for Industry Leaders to Send a Message to Washington

March 3, 2016 — The following was released by the Office of Senator Jeanne Shaheen:

Senator Jeanne Shaheen (D-NH), the lead Democrat on the Senate Small Business and Entrepreneurship Committee, invited two prominent industry leaders in the New England fishing industry to testify at a committee hearing today. Through her leadership on the committee, Senator Shaheen was able to make New Hampshire’s struggling fishing industry a major focus of Thursday’s hearing. James Hayward and Dr. Joshua Wiersma both spoke to the enormous threat that new federal at-sea monitoring fees and existing catch limits pose to New Hampshire’s fishermen. As of the first of this month, the National Oceanic and Atmospheric Administration (NOAA) is forcing New Hampshire fishermen to pay for an at-sea observer program, which monitors catch sizes for conservation purposes. The program, which was previously paid for by NOAA, will cost fishermen an estimated $700 per day on fishing trips.

“Fishing is an integral part of New Hampshire’s economy and heritage,” said Shaheen after the hearing. “Our struggling small-boat fleet needs relief from onerous federal regulations so New Hampshire’s fishermen can continue to make a living. Catch limits and at-sea monitoring fees threaten the very existence of our fishing industry. I’m very pleased that Mr. Hayward and Dr. Wiersma took the time to inform the Senate of their first-hand experience in our region’s fishing industry.”

During the hearing Mr. Hayward and Dr. Wiersma delivered a dire warning to the Senate.

Mr. Hayward: “Time is crucial and the road we’re headed down right now is not a good one. It’s pretty much the end is near and if things aren’t changed soon, at least to some extent, the fleets going to look a lot different in thirty six month. I can assure you of that.”

Shaheen: “Will we still have any fishing in New Hampshire if we don’t see some changes from NOAA?”

Mr. Hayward: “What will happen is the infrastructure will be gone and when that’s gone, the boats will leave. The ones that want to remain will be forced out because they will have no place to offload, market or sell.”

That interaction can be watched here.

At a separate hearing today on the Senate Appropriations Committee, Senator Shaheen confronted the Secretary of Commerce Penny Pritzker with the testimony she had just heard from Mr. Hayward and Dr. Wiersma. NOAA is an agency of the U.S. Department of Commerce. Their interaction can be watched here.

Background information on Senator Shaheen’s invited witnesses:

James Hayward, President of XI Northeast Fisheries Sector, Inc.

James Hayward is a second generation commercial fisherman. He is primarily a day boat gillnet fisherman operating in the Gulf of Maine ranging from 20 to 120 miles from port. He currently owns two fishing boats located in Portsmouth Harbor, New Hampshire. He owns and manages Heidi Seafood Services, the only federally licensed groundfish dealership at the State facility in Portsmouth Harbor.  He is president of the community’s groundfish sector, XI Northeast Fisheries Sector, Inc., as well as treasurer of New Hampshire community supported fisheries, New Hampshire Community Seafood.  He is also a board member of the Northeast Seafood Coalition and the Northeast Sector Services Network, and a member of the Seafood Harvesters of America.

Dr. Joshua Wiersma, Manager, Northeast Fisheries, Environmental Defense Fund

Dr. Wiersma has over 15 years of experience working with commercial fishermen in New England to improve their business conditions. His doctoral research, which examined the value of collaborative research to New England fishermen, led him to work directly for the ground fishing industry after graduation. Initially hired by the Massachusetts Fishermen’s Partnership as a Fisheries Economist, he then worked for the Northeast Seafood Coalition as their Sector Policy Analyst where he helped to create the twelve Northeast Fisheries Sectors. He went on to manage New Hampshire’s two ground fishing sectors for the next five years.  Over this time, he also co-founded and was the Executive Director of New Hampshire Community Seafood Association, a successful community supported fishery cooperative that offers fresh, local, underutilized fish to the New Hampshire public through a type of fish share model. He is now the Manager of Northeast Fisheries at Environmental Defense Fund, where he continues to work with fishermen to shape effective fisheries management, to improve fisheries science and data collection, and to develop better seafood markets and other business opportunities.

Members of California Delegation Push for Federal Disaster Declaration in Crab Fisheries

February 16, 2016 — The following was released by the office of Congressman Jared Huffman

WASHINGTON, D.C.—Today, Congressmembers Jared Huffman (CA-02), Jackie Speier (CA-14), Sam Farr (CA-20), Lois Capps (CA-24) and Mike Thompson (CA-05) sent a letter to Secretary of Commerce Penny Pritzker urging her to expeditiously review and grant Governor Jerry Brown’s request to declare a fishery resource disaster in the California Dungeness crab and rock crab fisheries.

An unprecedented toxic bloom of marine algae called Pseudo-nitzchia australis containing the neurotoxin domoic acid has caused the closure of the commercial season that was scheduled to open in November 2015.

“The closures of the commercial Dungeness crab fishery and the partial closure of the rock crab fishery are causing severe economic hardship in California’s fishing communities,” the legislators wrote. “These fisheries are crucial to the coastal economy of central and northern California – last year, revenue from the sales of Dungeness crabs alone was estimated at just below $60 million.”

Even though the California Department of Public Health lifted the advisory in areas south of Point Reyes yesterday and the Department of Fish and Wildlife is considering opening the commercial season next week, the closure of the fisheries has already resulted in economic losses for stakeholders. According to the Governor’s estimates, the direct economic impact for the commercial closure is at least $48.3 million for Dungeness crab and $376,000 for rock crab.

 

A copy of the letter may be found below:

 

February 16, 2016

Dear Secretary Pritzker:

Earlier this week, Governor Jerry Brown wrote to you to request that you declare a fishery resource disaster in the California Dungeness crab and rock crab fisheries under section 308(d) of the Interjurisdictional Fisheries Act of 1986, and a commercial fishery failure under section 312(a) of the Magnuson Stevens Fishery Conservation and Management Act of 1976. This declaration will allow our communities to receive desperately-needed aid. We write in support of the Governor’s request for a disaster declaration, and ask that you work with the state to quickly complete the review process.

The closures of the commercial Dungeness crab fishery and the partial closure of the rock crab fishery are causing severe economic hardship in California’s fishing communities. These fisheries are crucial to the coastal economy of central and northern California – last year, revenue from the sales of Dungeness crabs alone was estimated at just below $60 million.

The cause of the closure, an unprecedented toxic bloom of the marine diatom Pseudo-nitzchia australis, has led to elevated levels of the neurotoxin domoic acid, which persist in the crabs’ bodies and in the environment and can be transmitted to humans via the food supply. While we remain hopeful that the toxin levels will continue to fall, our fishermen and coastal communities have already missed out on the most lucrative sales of the year. Many of these fishermen may not be able to catch enough crab this year to make ends meet, and the coastal communities that rely on this important source of revenue are already suffering.

Although the recent lifting of the health advisory for Dungeness crab south of Point Reyes is encouraging, the closure of the fishery has already resulted in lasting negative social and economic effects to fishery stakeholders and coastal communities along the coast of California. The Governor of California estimates that the direct economic impact from the commercial closures to date is at least $48.3 million for Dungeness crab and $376,000 for rock crab, as well as untold losses to other sectors of the fishing industry such as processors and distributors.

Given the severe hardship our constituents are currently experiencing, we urge you to review the Governor’s request as expeditiously as possible. Thank you for your consideration.

Sincerely,

Jared Huffman, et al.

Read the press release from the Office of Congressman Jared Huffman

 

 

Dungeness crabbers likely to receive assistance

February 10, 2016 —  Gov. Jerry Brown Tuesday informed U.S. Secretary of Commerce Penny Pritzker via a letter that the state of California was requesting federal declarations of a fishery disaster and commercial fishery failure in response to the continued presence of unsafe levels of domoic acid in Dungeness and rock crab across the state.

The governor’s request Tuesday initiates an evaluation of a federal fishery resource disaster under the Interjurisdictional Fisheries Act of 1986 and a commercial fishery failure under the Magnuson-Stevens Fishery Conservation and Management Act of 1976.

By declaring a federal disaster, affected fisheries would be able to receive economic assistance for losses incurred.

Typically a $90 million industry for the state annually, Brown estimated in his letter that the continued closures would cost $48 million in losses for Dungeness crab, and $376,000 for rock crab, based on estimated values of both species during the time period of November 2015 through June 2016.

Because the crabbing season is likely to remain delayed or closed for the remainder of the 2015-16 season, Brown predicts these estimates to only increase.

Mendocino County fisheries have also reported at least $4 million in losses, according to Tami Bartolomei, county Office of Emergency Services coordinator, who updated the Board of Supervisors during its Feb. 2 meeting. Bartolomei said she expected to keep receiving additional disaster economic worksheet claims from local fisheries that go to the U.S. Small Business Administration.

County supervisors that day authorized Bartolomei to send a letter to the state’s Office of Emergency Services requesting that Mendocino County be included on a list of other affected California counties for declaration considered by the U.S. Small Business Administration.

The U.S. Small Business Administration has since announced it was offering federal disaster loans to state small businesses that have suffered financial losses as a result of the crab ban. Mendocino County is among the dozens of counties on the SBA’s list of eligible areas.

North Coast Sen. Mike McGuire, also chairman of the state Joint Committee on Fisheries and Aquaculture, will host another meeting Thursday as part of the 43rd annual Zeke Grader Fisheries Forum in Sacramento. The meeting was scheduled prior to Brown’s letter, and will also cover the governor’s request for crab disaster declaration.

Read the full story at the Daily Journal

Lawsuit: NOAA prioritized recreational snapper

December 31, 2015 — Twenty-six fishermen, fish markets and industry groups have again sued the US government alleging that regulators are allowing recreational fisherman to deplete scarce red snapper stocks in the Gulf of Mexico.

The lawsuit, filed against commerce secretary Penny Pritzker, the National Marine Fisheries Service (NMFS) and its parent agency, the National Oceanic and Atmospheric Administration (NOAA) comes in the wake previous litigation that has seen the commercial fishing industry succeed in challenging regulators’ red snapper management policies.

Previously, courts ruled that regulators did not have enough enforcement measures in place to ensure that recreational fishermen did not exceed their total allowable catch (TAC) of red snapper, a species under strict management because it is considered to be “overfished.”

The lack of adequate controls on recreational fishing violated provisions of the Magnuson-Stevens Act and prompted regulators to develop new measures for recreational fishing. However, in the lawsuit filed Dec. 28, commercial fishermen argue that a new regulatory proposal to “reallocate” a portion of future red snapper TAC from recreational to commercial use violates existing federal law.

Read the full story at Undercurrent News

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 Seafood Institute’s President Harlon Pearce Appointed to NOAA’s Marine Fisheries Advisory Committee

December 15, 2015 — Secretary of Commerce Penny Pritzker has appointed Gulf Seafood Institute’s President Harlon Pearce, along with three other new advisors, to the National Oceanic and Atmospheric Administration’s (NOAA) Marine Fisheries Advisory Committee. The Marine Fisheries Advisory Committee (MAFAC) advises the Secretary on all living marine resource matters currently the responsibility of the Department of Commerce.

According to NOAA, the expertise of MAFAC members is used to evaluate and recommend priorities and needed changes in national programs and policies, including the periodic reauthorization of the Magnuson-Stevens Act, Endangered Species Act and Marine Mammal Protection Act. The members represent a wide spectrum of fishing, aquaculture, protected resources, environmental, academic, tribal, state, consumer, and other related national interests from across the U.S., and ensure the nation’s living marine resource policies and programs meet the needs of these stakeholders.

As owner and operator of Harlon’s LA Fish in New Orleans, a seafood processing and distribution company, Pearce has more than 46 years of experience in the seafood industry.  He has been an advocate for developing strong and viable seafood industries, a “go to” source for the media and seafood events, and a guest speaker and lecturer.

A tireless spokesperson for Gulf seafood, he was instrumental in the foundation of the Gulf Seafood Institute, which advocates on behalf of the entire Gulf seafood community. Pearce previously served for nine years as the Louisiana Representative on Gulf of Mexico Fisheries Management Council and for 11-years was Chairman of the Louisiana Seafood Promotion and Marketing Board, a tenure which spanned both the devastating hurricane season of 2005 and the BP Deepwater Horizon Oil Spill.

Read the full story at the Gulf Seafood Institute

 

Senator Rubio Presses Federal Government For Better Fisheries Data Collection

December 14, 2015 — The following was released by the Office of Senator Marco Rubio:

Washington, D.C. – U.S. Senator Marco Rubio (R-FL), the chairman of the Commerce Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard, today sent a letter to U.S. Commerce Secretary Pritzker in response to the recently released Government Accountability Office (GAO) report on Fisheries Data Collection. The report is the product of a 2013 bipartisan congressional request asking the GAO to study the National Marine Fisheries Service’s (NMFS) marine recreational fisheries data collection program. The report concluded that NMFS lacks a comprehensive strategy and recommends that the agency develop such a plan with programmatic goals and time frames, and clearly communicate that information to stakeholders. In the letter, Rubio urges the secretary to fully support implementation of the GAO’s recommendations. 

“NMFS must work diligently to rebuild trust with key stakeholders for more effective management of our nation’s fisheries,” Rubio wrote. “The importance of having these stakeholders as data collection partners cannot be overstated. Our fisheries support millions of jobs and are economically vital to coastal communities throughout the Gulf of Mexico and South Atlantic.  However, without effective and trustworthy data collection, these benefits will not be realized. A transparent, structured plan with established time frames is essential for a successful data program.”

Background: As Chairman of the Commerce Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard, Rubio has detailed the need for improved quality and timeliness of data collection to ensure sound fisheries management. On May 20, 2015, he reintroduced the Florida Fisheries Improvement Act, which was reported out of the Senate’s commerce committee on June 25, 2015. If enacted, S. 1403 would:

  • Repeal separate catch quotas for the recreational and commercial red snapper fisheries;
  • Require both the Gulf of Mexico Fishery Management Council and the South Atlantic Fishery Management Council to review the allocation of fishing privileges;
  • Increase public involvement in the scientific and statistical processes that inform fishery management;
  • Allow fishery facilities to make use of capital construction funds;
  • Allow for more than 10 years of rebuilding for fish stocks managed under an international agreement;
  • Require a plan to conduct stock assessments for all stocks currently managed;
  • Require a report on better use of fisheries data; and
  • Speed up the timeline for fishery disaster declaration.

The full text of the letter is below.

Dear Secretary Pritzker:

As the Chairman of the Commerce Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, I write to encourage you to direct the National Marine Fisheries Service to quickly implement the Government Accountability Office’s recent recommendations, as outlined in the report, “GAO-16-131, Recreational Fisheries Management: The National Marine Fisheries Service Should Develop a Comprehensive Strategy to Guide its Data Collection Efforts.” 

The report stems from a 2013 bipartisan congressional request to examine current data collection practices used in determining stock assessments. Although the GAO report notes that the National Marine Fisheries Service (NMFS) has taken steps to improve data collection for recreational fisheries, the report also states, “NMFS does not have a comprehensive strategy to guide the implementation of its various efforts… Moreover, without clearly communicating the strategy to its stakeholders, NMFS may find it difficult to build trust, potentially limiting its ability to effectively implement MRIP improvement initiatives that rely on data collection partners.”

As noted above, NMFS must work diligently to rebuild trust with key stakeholders for more effective management of our nation’s fisheries. The importance of having these stakeholders as data collection partners cannot be overstated. Our fisheries support millions of jobs and are economically vital to coastal communities throughout the Gulf of Mexico and South Atlantic.  However, without effective and trustworthy data collection, these benefits will not be realized.  A transparent, structured plan with established time frames is essential for a successful data program.

As NMFS acknowledges the need to develop this important strategy, I urge you to use the necessary resources within the Department and NMFS to implement the recommended data collection efforts as soon as possible.

Respectfully,

Marco Rubio

U.S. Senator