Sunday, 20 of May of 2012

Category » Legislation

NOAA Proposes Removing Eastern Steller Sea Lions from Endangered Species List

Stellar Sea Lions

Juneau, AK – NOAA is proposing to remove the eastern Steller sea lion, currently deemed “threatened,” from the list of endangered wildlife, after a status review by its biologists found the species is recovering sufficiently.

“This proposal reflects the continued recovery of the eastern population of Steller sea lions and the strong conservation partnership among NOAA Fisheries, the states, the fishing industry, and other stakeholders,” said NOAA’s Fisheries Service Alaska Regional Administrator Jim Balsiger.

NOAA Fisheries began a draft status review of the eastern population, which ranges from Alaska’s Cape Suckling to California’s Channel Islands, in June 2010, and opened a 60-day public comment period. Within a few days, NOAA received two petitions, one from the states of Washington and Oregon, and the other from the state of Alaska, asking that the eastern Steller sea lion be removed from threatened status under the Endangered Species Act.

The draft status review, which was completed in March 2012, shows the eastern Steller sea lion population has met the recovery criteria outlined in the recovery plan, which was developed by NOAA Fisheries in 1992 and revised in 2008.

There were approximately 34,000 eastern Steller sea lions in 1997, when the eastern and western stocks were found to be genetically different from each other. Estimates in 2010 put the eastern population at about 70,000.

The western stock, which ranges from Alaska as far as the Russian Pacific coast, will retain its endangered status.

Read the full news release on the NOAA’s website.

 

House Panel Drafting Magnuson Reforms

By Richard Gaines | Staff Writer

The U.S. House Natural Resources Committee is drafting “a comprehensive” change to the Magnuson-Stevens Act, a fisheries management law, in an attempt to ensure that NOAA makes “informed decisions based on sufficient scientific information,” Chairman Doc Hastings has told the Times.

Incorporating elements from a suite of eight bills vetted by the committee last December, the federal legislation has been in construction by committee staff for some time — before a national fishermen’s rally at the Capitol last month and an April 3 letter to the committee from 21 House members. Those signers included John Tierney, who represents Cape Ann, and Barney Frank, whose district includes New Bedford.

A mix of about two dozen federal lawmakers of both parties and houses of Congress including Sens. John Kerry and Scott Brown, spoke to the rally of the need for writing flexibility into the Magnuson-Stevens Act.

Along with rewriting parts of and writing inserts to Magnuson, the committee is reported to be struggling with the problem of trying to fix misinterpretations of the overriding fisheries management law by the National Oceanic and Atmospheric Administration.

Crystal Feldman, the committee press secretary, said some problems with fisheries management have been created by NOAA’s interpretation of the law and not necessarily by the law itself, and that is harder to fix legislatively.

Similar complaints are at the core of a lawsuit initiated by the fishing ports of New Bedford and Gloucester and industry interests from Maine to North Carolina. That appeal is now before the U.S. First Circuit Court of Appeals in Boston.

 
Read the rest of the article on Gloucester Times.
 

PG&E tests bad for sea life and also for fishing industry

 

Written By Brian Stacy

FOR much of the 20th Century Southern California was a world leader in seafood production. The once-thriving tuna fishing fleet, based at the Port of Los Angeles and in San Diego, plied distant waters for months at a time returning to local canneries that employed thousands of people.

Today, the U.S. tuna industry is a distant memory, the victim of subsidized foreign competition, unfair trade practices, government over-regulation, and in some cases under-regulation.

Historically, California’s commercial fishing industry once employed tens of thousands of people in fishing, fish processing, boat building and boat repair and allied industries. Recreational fishing has been a staple of the coastal tourism. Both have been a vibrant part of the California coastal economy, from Eureka to the Mexican border.

I fish the waters of the central California coast. Those of us who remain, men and women who work at sea and harvest many of the types of fish we find in the supermarkets and in restaurants, have to be creative, nimble, and able to adapt to a sometimes harsh natural and political environment.

It is infuriating when yet another hurdle is erected making it nearly impossible for us to practice our trade. But this time it isn’t Mother Nature, imported farm-raised fish, or some government edict. This time it is a public utility – Pacific Gas & Electric, the energy behemoth whose aged gas lines exploded and ravaged the San Bruno community in 2010.

PG&E also owns the Diablo Canyon nuclear power plant, on the San Luis Obispo County coast. Diablo Canyon now threatens the central coast fishing industry, the local marine environment, and the livelihood of both commercial and recreational fishers.

Read the rest of the article on Los Angeles Daily News.

 

 


Federal Government Holds Hearing on the National Ocean Policy’s Effect on Fishing

On March 22, 2012, the House Natural Resources Subcommittee on Fisheries, Wildlife, Oceans & Insular Affairs held an oversight hearing titled Empty Hooks: The National Ocean Policy is the Latest Threat to Access for Recreational and Commercial Fishermen. 

During that hearing, George Mannina testified on exactly what policy decisions are having on fishing in the United States. See his testimony below:


Testimony of George J. Mannina, Jr.

 

Before the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs Regarding National Ocean Policy

March 22, 2012

Mr. Chairman and distinguished members of this Subcommittee, I am pleased to be here today.  I was privileged to serve as Counsel to this Subcommittee for eight years prior to becoming the Chief Counsel and Staff Director for the Republican members of the House Merchant Marine and Fisheries Committee before it was merged into the Committee on Natural Resources.  During my years with the Subcommittee and Committee, and since that time, I have worked on numerous ocean policy issues.  I am testifying today in my individual capacity and not on behalf of any client or of my firm, Nossaman LLP, although one of our associates, Audrey  Huang, has worked with me on this testimony.

Read Mannina’s full testimony here

 

 

House Subcommittee Holds Hearing on the National Ocean Policy’s Effect on Fishing

California Capitol Hill Bulletin - March 22, 2012

The House Natural Resources Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs met on Thursday, March 21, 2012 for an oversight hearing titled Empty Hooks: The National Ocean Policy is the Latest Threat to Access for Recreational and Commercial Fishermen. The Committee previously held a hearing on the National Ocean Policy on October 4, 2011.

Witnesses included: Captain Robert F. Zales, II, President, National Association of Charterboat Operators; Gary Zurn, Senior Vice President Marketing, Big Rock Sports, LLC; Terry Gibson, Principle, North Swell Media, LLC; George J. Mannina, Jr., Partner, Nossaman, LLC; and Justin LeBlanc, Federal Representative, United Charter Boats.

The President signed an executive order on July 19th, 2010 to adopt the final recommendations of the Interagency Ocean Policy Task Force, effectively instituting the new National Ocean Policy (the Policy). Over 140 federal laws and numerous agencies have jurisdiction over ocean resources. The aim of the Policy is to manage commerce and conservation of ocean resources through a “comprehensive and collaborative framework for the stewardship of the ocean, our coasts, and the Great Lakes that facilitates cohesive actions across the Federal Government, as well as participation of State, tribal, and local authorities, regional governance structures, nongovernmental organizations, the public, and the private sector.” The National Ocean Council, tasked with implementing the Policy, extended the public comment period on the draft National Ocean Policy Implementation Plan by one month through March 28, 2012. House Resources Committee Chair Doc Hastings (WA) had requested that the deadline be extended by 90 days, arguing “[t]he likelihood of deterring new investment and job creation is too great to rush the implementation of this questionable new federal bureaucracy.”

This week’s hearing focused on the effects of the Policy on commercial and recreational fishing. Issues discussed included:

 

  • Recreational and commercial fishing statistics, including that recreational fishing in 2009 produced sales impacts totaling $50 billion and value added impacts of $23 billion while providing over 327,000 jobs. Commercial Fishing provided over 1 million jobs, $116 billion in sales and $32 billion in income impacts.

 

  • The possible negative effect of the Policy on jobs directly and indirectly related to fishing.

 

  • The level of involvement of stakeholders in the advancement of the Policy, with concerns raised regarding the lack of fishery representatives on the Policy’s Regional Planning Bodies.

 

  • The current regulatory burdens on fishing (including no-fishing mandates), and whether the industry can absorb more regulation without serious consequence to its economic value.

 

  • The Policy’s lack of regulatory authority, but the concern that it may still add new and expanded regulations on already regulated industries and activities.

 

  • The impact of California’s expected finalization of a statewide effort that will place 15-20 percent of the state’s coastal waters off limits to fishing through a process called the Marine Life Protection Act Initiative (MLPA).

 

  • The benefits that can be realized because of the Policy’s new management framework, which will create a coordinated, regional system that breaks down barriers between different agencies and reduces the complicated regulatory bureaucracy currently governing the oceans.

 

Read the article on California Capital Hill Bulletin, or for more information visit NaturalResources.house.gov.

 

Estimated 1,000 Fishermen Rally for Reform in Protest Staged in Nation’s Capital

Recreational and commercial fishermen gather on Capitol Hill  on Wednesday to call for reform of the Magnuson-Stevens Fisheries Conservation and Management Act. AP Photo 

Written By By Don Cuddy

Around 1,000 commercial and recreational fishermen from around the country gathered near the U.S. Capitol on Wednesday to call attention to the regulatory difficulties facing the fishing industry on the East and West coasts.

The rally, billed as Keep Fishermen Fishing, was organized to seek reforms to the Magnuson Stevens Act, the law that governs fishing in federal waters.

Fishermen and industry groups have long complained that inflexible and onerous regulations are hampering their ability to fish and forcing some independent fishermen to abandon their traditional way of life.

New Bedford Mayor Jon Mitchell was among those who spoke at the rally. “There was a great show of support from the fishing community and a big turnout from Congress,” he said. Several senators and around a dozen House members spoke at the gathering, according to the mayor, including a large New England delegation that included Massachusetts Sens. John Kerry and Scott Brown and Reps. Barney Frank, John Tierney and Bill Keating.

Bristol County District Attorney C. Samuel Sutter, running against Keating for Congress in the 9th District, also spoke.

Mitchell, who estimated the crowd at 1,000, focused his remarks on the need to keep fishermen in New England on the water by adopting greater flexibility in the rigid timelines established for rebuilding fish stocks.

“We need regulations geared to the reality at sea and we need more money for research and better stock assessments,” he said.

Read the rest of the article on SouthCoastToday.

 


Fishermen, Politicians Rally Against Federal Regulations

Written By Morgan True and Aarthi Gunasekaran

WASHINGTON –  Fishermen from across the United States descended upon Capitol Hill Wednesday to voice their displeasure with a federal bureaucracy they believe is regulating them out of business.

Politicians from both sides of the political aisle and both houses of Congress joined a crowd of several hundred current and former fishermen, along with industry advocates, in lambasting the National Oceanic and Atmospheric Administration and its director, Jane Lubchenco.

One small boy wore a sign around his neck reading, “NOAA, Jesus was a fisherman. Why can’t I be?” Others waved signs declaring, “Show Me The Science” and “Let Fishermen Fish.”

A bevy of public officials spoke, including Sens. John Kerry, D-Mass., and Scott Brown, R-Mass.
“What does it take to get fired at NOAA?” asked an incredulous Brown. He was joined on stage by a staffer holding a blown-up photograph of a $300,000 luxury craft whose purchase has been sharply criticized by NOAA’s inspector general — and which Brown has sought to make a symbol of the agency’s bureaucratic excess.

“The nation’s primary fishing regulator, NOAA, is being run by Washington insiders with a radical agenda to change the way that you do business and it’s wrong,” he charged.

In his remarks, Kerry focused on the theme of improving the science that guides regulation, declaring, “If [regulators] make judgments that are based on unsound science, no science at all or science you can’t believe in, then we are going to have a problem.”

Read the rest of the article on Seacoastonline.com

 


Senators Scott Brown and John Kerry lead bipartisan effort to boost domestic fishing industry

Protesters gather at the United We Fish rally on Feb. 24, 2010 in Washington (AP Photo/Luis M. Alvarez)

 By Robert Rizzuto, The Republican

In what is being hailed as a bipartisan effort to right a decades-old wrong, U.S. Sen. John Kerry, D-Mass., and Sen. Scott Brown, R-Mass., have joined with colleagues to push a bill that is expected to give the fishing industry in the U.S. a solid push into the future.

The Fisheries Investment and Regulatory Relief Act, or FIRRA as it’s known, would ensure that a significant portion of the money collected from tariffs on imported fish or fish products is cycled back into the American fishing industry, in accordance with the 1954 Saltonstall-Kennedy Act.

The 1954 legislation, sponsored by Democratic Sen. John F. Kennedy and Republican Sen. Leverett Saltonstall, both of Massachusetts, called for 30 percent of tariffs on imported fish to be used for research and development of the domestic fishing industry. But as imports have climbed along with revenue, Congress has typically allocated a majority of the money to the National Oceanic and Atmospheric Administration, which has came under fire for questionable spending in the past.

In February, Brown blasted NOAA after an Inspector General report revealed that the agency had spent more than $300,000 in fines collected from U.S. fisherman to purchase a luxury boat which was used by agency members for recreation on the ocean with family, friends and alcohol.

A summary of the new legislation provided by Kerry’s office stated that in 2010, the government collected $376.6 million in tariffs on imported fish and fish products, which should have set aside $113 million for fishery research and development. In the end, the National Oceanic and Atmospheric Administration received $104.6 million, with just $8.4 million going to fishery development.

Read the full article on MassLive.com

 

 

JOHN KERRY: Righting a wrong for our fisheries

In Massachusetts, commercial fishing supports more than 77,000 jobs. Recreational fishing is also an important part of our maritime economy and our local research institutions are world-renowned. However, today our fishermen continue to face economic peril and they are deeply frustrated by science and research they don’t trust and federal regulators in whom they lost faith when abuses were exposed by an investigation.

We can take an important first step in changing the relationship between our fishermen and federal regulators by passing the Fisheries Investment and Regulatory Relief Act which I am introducing in the Commerce Committee with Senator Snowe, a Republican Senator from Maine and my longtime colleague on the Committee. In the House, Congressmen Barney Frank and Frank Guinta will be introducing similar legislation.

The cornerstone of this bill is returning the use of Saltonstall-Kennedy funds to our fishermen, as was the original intent of its creators.

In 2010, the estimated total duties collected on imports of fishery products were $376.6 million. Thirty percent of that total is approximately $113 million that should be used to improve science and help our fisheries. Unfortunately last year, only $8.4 million of that $113 million was used by National Oceanic and Atmospheric Administration (NOAA) for grants for fisheries research and development projects. The remaining funds were used by NOAA for their operations.

This simply can’t continue, especially given the current situation facing our fisheries. Our bill will restore the investment to help the fishermen and communities for whom Sens. Saltonstall and Kennedy originally intended it to protect.

Read the full opinion piece from The Gloucester Times.



Senators Kerry and Snowe will introduce bill to restore intent of Saltonstall-Kennedy Act

On Thursday, Senators John Kerry and Olympia Snowe will introduce legislation to restore the funding of the Saltonstall-Kennedy Act, which supported fishery research projects, to “help the fishermen and communities for whom it was originally intended.”

WASHINGTON, D.C. – March 9, 2012  – The Saltonstall-Kennedy (S-K) Act was authored by Senators Leverett Saltonstall (R-Mass.) and John F. Kennedy (D-Mass.) in 1954 to promote and market domestic seafood.

According to a report by the Congressional Research Service, the Saltonstall-Kennedy Fund has, among other things, supported fishery research and development projects in the 58 years since its passage.  However, beginning “in FY1979, increasing amounts of S-K dollars have been transferred to the Department of Commerce’s National Oceanic and Atmospheric Administration’s (NOAA’s) Operations, Research, and Facilities (ORF) account, reducing the funds and percentage of funds available for fishing industry projects and the national program. Since FY1982, the S-K program has never allocated the minimum amount (50% after FY1980 and 60% after FY1983) specified by law for industry projects.”

On Thursday, Senators John Kerry (D-Mass) and Olympia Snowe (R-Maine) will introduce legislation to restore this funding to “help the fishermen and communities for whom it was originally intended.”

A companion bill, authored by Representative Barney Frank (D-Mass.) and Frank Guinta (R-New Hampshire) is expected to be introduced in the House of Representatives.

The following was released by Senator Kerry’s office: 

Background on the Kerry-Snowe Fisheries Investment and Regulatory Relief Act

The Saltonstall-Kennedy (S-K) Act directs 30% of the duties on imported fish products to a grant program for research and development projects to benefit the U.S. fishing industry. It is estimated that for 2010, the total duties collected on the imports of fishery products was $376.6 million. The S-K Act directs 30% of that total to be transferred to the Secretary of Commerce. In 2010, that equaled $113 million. Of that $113 million, $104.6 million went to NOAA’s operations budget, and only $8.4 million was used by NOAA for grants for fisheries research and development projects. We believe that we should follow the original intent of Senators Leverett Saltonstall and John F. Kennedy and restore this funding to help the fishermen and communities for whom it was originally intended.

Today, our regional fisheries are facing difficult issues such as the recent Gulf of Maine cod crisis in New England and pirate fishing on the West Coast. With federal funds scarce, each region is in need of a reliable source of federal funding to assist them in responding to the many challenges of managing a fishery. The Fisheries Investment Act ensures that the Saltonstall-Kennedy money is spent in coordination with the Regional Fishery Management Councils (RFMC) and focused on key priorities identified by both fishermen and NOAA, restoring the original intent of the S-K Act by involving local stakeholders in determining how funds are used.

 

Read more on SavingSeaFood.