Written by Adrianne Madden
Friday, 01 July 2011
In the words of the late Telly Savalas in his role as Lt. Theo Kojak, "Who loves ya, baby?" If this week's news is any indication, Northeast fishermen seeking to change federal fisheries management policy are getting more love from Congress than they are in court.
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The bad news: Judge Rya Zobel ruled against the cities of New Bedford and Gloucester, Mass., on all counts in their case challenging NOAA's implementation of Amendment 16 and the sector management system for groundfish. Zobel rejected the historic fishing ports' arguments that the sector management system is really an IFQ system, thus requiring, as stated in the Magnuson-Stevens Act, a fishermen's referendum approving IFQ system implementation.
Zobel, while stating it was "a close call," ruled Amendment 16 isn't skirting requirements for establishing an IFQ program in New England because it gives fishermen the option to work in the common pool for harvesters preferring to fish under the previous days-at-sea management system, thus negating the requirement for the fishermen's referendum.
"I know the fishing families and the community would disagree with the finding that this was a 'close call,'" said Sen. John Kerry (D-Mass.) in a press statement following Thursday's ruling. "It's not a close call, it's a bad call when we're talking about the livelihoods that hang in the balance. The way regulations are interpreted and enforced have sent too many fishermen into bankruptcy and pushed even more to the brink."
The good news: The region's politicians are in their corner and are fighting on their behalf. Both Kerry and Sen. Scott Brown (R-Mass.) announced this week they are filing bills that would address problems connected to Commerce Department investigations of NOAA's fisheries enforcement practices.
Kerry's bill proposes that the government reimburse fishermen for legal costs incurred while fighting, what he calls "unfair fines and retaliatory actions." Fishermen whose fines are remitted by the Commerce Department (based on recommendations of Special Master Charles Swartwood, who is reviewing cases) could be reimbursed for their legal expenses.
Brown's bill seeks to replace NOAA's Asset Forfeiture Fund. The Commerce Department Inspector General's office uncovered mismanagement and abuses of the fund in its investigation of enforcement practices.
Brown proposes replacing the Asset Forfeiture Fund with a new Fisheries Investment Fund that will be kept at the Treasury Department. Its monies could be used to help fishermen meet ever-growing regulatory compliance costs, such as at-sea observers and shoreside monitoring. His bill would also authorize the Secretary of Commerce to, based on Swartwood's recommendations, reimburse fishermen for legal costs.
National Fisherman Live: 3/10/15
In this episode, Online Editor Leslie Taylor talks with Mike McLouglin, vice president of Dunlop Industrial and Protective Footwear.
National Fisherman Live: 2/24/15
In this episode:
March date set for disaster aid dispersal
Oregon LNG project could disrupt fishing
NOAA tweaks gear marking requirement
N.C. launches first commercial/recreational dock
Spiny lobster traps limits not well received
The New England Fishery Management Council is soliciting applications for seats on the Northeast Trawl Survey Advisory Panel and the deadline to apply is July 31 at 5:00 p.m.
The panel will consist of 16 members including members of the Councils and the Atlantic States Fishery Commission, industry experts, non-federal scientists and Northeast Fisheries Science Center scientists. Panel members are expected to serve for three years.Read more...
Commercial salmon fishermen will have 12 hours to fish Oregon's lower Columbia River, starting at 7 p.m. tonight.
Biologists upgraded their forecast for the summer king run to 120,000, the largest since at least 1960.Read more...