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Magnuson Management and the
Commercial Fishing Industry
by Nils Stolpe

Monkfish: Representatives of the Garden State Seafood Association and the Monkfish Defense Fund have been deeply involved in monkfish management for the past six years. In that time, in very large part due to their efforts, the fishery has progressed from being on the brink of a total closure to the point where it is today: not being overfished. It has taken a concerted effort on the art of the GSSA and the MDF, focused on a series of cooperative trawl surveys and working with the managers to complete a new stock assessment (in the summer of 2007) to accomplish this, but our efforts have been rewarded with an open fishery and with stocks which are now recognized to be in as good shape as the fishermen have been assuring the managers they were in initially.

Fisheries Finance Program Remains Funded
After months of hard work GSSA staff were successful at communicating the importance of the Fisheries Finance Program (FFP). The FFP is a long-term, competitive loan program managed by the NMFS and available to US commercial fishing vessel owners, shore side seafood processors, and aquaculture operations. The Traditional Loan component of the FFP, funded at $59.0M for 2008, allows commercial participants to refurbish fishing vessels and improve shore side plant facilities and to finance aquaculture operations. The program contains a statutory requirement that fishing capacity may not be increased using FFP funding.

Omnibus Appropriations bill for Fiscal Year 2008
Due to the efforts of NJ Senators Lautenberg and Menendez, Congress made available $1.339M in federal funding for the purposes of conducting an industry-NMFS cooperative trawl survey ($1.25M) targeting monkfish from Maine to North Carolina in 2008. The 2008 survey will be the 3^rd and final cooperative survey conducted during the past 9 years with the first two surveys in 2001 and 2004. The information from these cooperative surveys provides estimates of total monkfish stock biomass and fishing mortality rates and is used directly in the stock assessment process. The remaining portion of the funding ($89,000) will be used to support on going efforts by Rutgers University scientists to assess migratory patterns of important commercial and recreational fish species along the East coast.

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LoBiondo: Moratorium will protect fishing industry, Enforcement of incidental discharge rules may be delayed
Written by Staff Reports (Admin)
Thursday, 08 July 2010

WASHINGTON, D.C. – Commercial fishing boats working out of Cape May and elsewhere may not have to try to prevent rainwater from washing off their decks, or face big federal fines.
Vessel operators were worried about the end of a moratorium on enforcement of one element of the federal clean water regulations, which they said could have crippled the fishing industry. U.S. Rep. Frank A. LoBiondo (NJ-02), ranking member of the House Coast Guard & Maritime Transportation Subcommittee, has secured until December 2013 an extension of the moratorium from Environmental Protection Agency, state regulations and fines governing incidental discharges from commercial fishing vessels and all other commercial vessels less than 79 feet. The extension authored by LoBiondo (H.R. 5301) was approved recently in the House Transportation & Infrastructure Committee’s mark-up.

“Effective 30 days from now, commercial fishermen, charter and tour boat operators, and owners of other commercial vessels less than 79 feet will have to apply for and receive individual permits from the EPA to discharge from their vessels such things as deck wash, bilge water, and the condensation from air conditioning units. Vessels that operate without these permits could be subject to citizen lawsuits and daily fines that exceed $32,000 per violation. To make matters worse, the EPA has informed Congress that they do not have the resources to process the hundreds of thousands of permits that would be required,” said LoBiondo. “With our economy still struggling to recover, the government must not enact federal penalties which could discourage economic growth and job creation. The fines that are scheduled to be levied against our commercial fishermen for incidental charges will be devastating to local South Jersey businesses.”

In 2006, a federal court in California ruled that the EPA had to regulate the release of ballast water, bilge water, deck wash, rain water runoff and other incidental discharges from vessels under the Clean Water Act. Two (2) federal agencies and over 28 states have added additional and often contradictory regulations on top of the federal standard.
“South Jersey has the second biggest fishing port on the East Coast with the Port of Cape May. In fact, it is the fourth in the nation, landing over 11 million pounds of seafood worth nearly $74 million last year alone. This industry supports thousands of jobs, but like all industry, this one is suffering during this recession,” continued LoBiondo. “This is the absolute worse time for the EPA and the states to threaten fishermen with tens of thousands in daily fines if they fail to abide by arbitrary regulations.”

With the current moratorium expiring this month, LoBiondo’s efforts permit the extension to run through December 2013 upon approval by the full House and Senate of the measure. Commercial vessels (except fishing) over 79 feet will still need to comply with the EPA standards and all recreational vessels, regardless of size, are permanently exempt from the regulations. LoBiondo continues to work with House Transportation & Infrastructure Committee Chairman James Oberstar (MN-08) on a permanent solution that will establish a single, nationwide standard for ballast water and incidental discharges.

Garden State Seafood Association Extends Thanks for Support of Fishing Community

Yesterday the US Department of Commerce announced the 2010 appointments to the regional fishery management councils that were established by the Magnuson-Stevens Fishery Conservation and Management Act.
We are pleased to report the reappointment of Mr. Erling Berg from Cape May, New Jersey for another 3-year term on the Mid-Atlantic Fishery Management Council.
Garden State Seafood Association wants to recognize all of those individuals who supported Erling’s reappointment.
New Jersey Governor Chris Christie strongly supported his reappointment as one of the nominees from New Jersey for the at-large seat.
The leadership of members of the NJ Congressional Delegation -- specifically Senators Frank Lautenberg and Robert Menendez, Congressmen Frank Pallone and Frank LoBiondo -- and the assistance of their staff were critical in keeping Erling in the Council seat that he has filled so admirably over the past three years.
We extend our most profound thanks to all of them for their continuing interest in and support of New Jersey’s fishing community, and we thank as well the many commercial, recreational and party/charter fishermen in and outside New Jersey who supported this critical reappointment.
Gregory P. DiDomenico
Executive Director
Garden State Seafood Association

Bill Would Make Oil Companies Responsible for Economic Damage of Spill
Environment | Fri, 06/04/2010 - 12:26 pm | Read 618 | Commented 0 | Emailed 0
Tags: Big Oil Bailout Prevention Act, BP oil spill, Sen Robert Menendez
By Jack Fichter

OCEAN CITY — U.S. Senators Robert Menendez (D-NJ), Frank Lautenberg (D-NJ) and Bill Nelson (D-FL) introduced legislation to ensure that oil companies are not allowed off the hook when it comes to paying for economic damages as a result of spills.

Currently, the responsible party in an oil spill must cover all costs related to clean up; however, there is a $75 million cap on its liability for economic damages, such as lost business revenues from fishing and tourism, natural resources damages or lost local tax revenues. Menendez’s Big Oil Bailout Prevention Act would raise the liability cap from $75 million to $10 billion.

“The bottom line is that oil spills can leave massive holes in the economy. If you spill it, you should have to fill it,” said Menendez at press conference here June 3. “We’re glad that the costs for the oil clean up will be covered, but that’s little consolation to the small businesses, fisheries and local governments that will be left to clean up the economic mess that somebody else caused. We can’t let the burden fall on the taxpayers – we should ensure that those who cause the damage are fully responsible.”

He said with future plans for drilling along the East Coast, he looked at the bill as a safety net for small businesses owners and fisheries on the Jersey Shore.

Lund's Fisheries President Jeff Reichle said the seafood industry here was scared to death of what it saw happening in the Gulf of Mexico.”

In a written statement, Nelson said: “BP says it’ll pay for this mess. Baloney. They’re not going to want to pay any more than what the law says they have to, which is why we can’t let them off the hook.”
Once the responsible party liability cap is hit, people, businesses or governments can make claims against the Oil Spill Liability Trust Fund. The Fund is funded by an 8-cent tax for every barrel produced or imported into the United States and is projected to have $1.6 billion in it by the end of 2010. However, there is a $1 billion per incident cap on payouts from the fund.

The Big Oil Bailout Prevention Act would:
• Raise the liability cap for offshore oil well spills from $75 million to $10 billion.
• Eliminate the $1 billion per incident cap on claims against the Oil Spill Liability Trust Fund and allow community responders to access the fund for preparation and mitigation up front, rather than waiting for reimbursement later.
• If damages claims exceed the amount in the Oil Spill Liability Trust Fund (currently $1.6 billion), then claimants can collect from future revenues of the fund, with interest.
• Eliminate the $500 million cap on natural resources damages.

Menendez said if oil companies were going to put communities at risk while making enormous profits, “They have to be prepared to pay for all the damages they cause.” He said its unacceptable that BP made over $16 billion in profits in 2009 but they are only responsible for $75 million of economic damages.

Council Meeting in New York: June 8-10
The public is invited to attend the Mid-Atlantic Fishery Management Council's June 2010 meeting to be held at the Radisson Martinique, 49 West 32nd St., New York, NY 10001 (telephone: 212-736-3800). Below is the meeting agenda. NOTE: Log onto www.ustream.tv and type mafmc in the search block to view and listen to the meeting.
Council Meeting in New York: June 8-10

Butterfish cap validity questioned; new science
finding discounts role of fishing mortality

DOVER, DE – With the implementation of Amendment 10 to the federal Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan, the future of the valuable Loligo squid fishery now hinges on butterfish. On March 11, the National Marine Fisheries Service (NMFS) published the final rule for Amendment 10 despite growing concern that the butterfish mortality cap it establishes will cause serious economic harm to the fishing industry.
Making the situation worse is a new finding by stock assessment scientists that fishing mortality is no longer considered to be a significant factor in butterfish stock status.
The butterfish mortality cap, which goes into effect on Jan. 1, 2011, requires the closure of the directed Loligo fishery once the cap is reached.
The cap will be equal to 75% of the butterfish acceptable biological catch (ABC) and all butterfish landed and discarded by the directed Loligo fishery will count against the cap. The remaining 25% of the ABC will be allocated to account for butterfish catch in other fisheries, including Loligo trips landing less than 2,500 pounds of Loligo. more>>

Council Meeting in Duck, NC: April 13-15, 2010

Council Meeting in Duck, NC: April 13-15, 2010
Tuesday, April 13 8:00 a.m. - 12:00 p.m.
12:00 p.m. - 1:00 p.m. 1:00 a.m. - 4:00 p.m.
Squid, Mackerel, Butterfish Committee
• Review Amendment 11 Public Comments • Select preferred Alternatives regarding proposed measures for:
o Cap on Capacity via limited access o Update SMB species' essential fish habitat (EFH) descriptions o Evaluate fishing-related gear impacts on Loligo egg EFH o Establish recreational mackerel allocation o Avoid at-sea processing problems
• Review Amendment 14 Scoping Document Lunch
Joint Dogfish Committee
• Review and respond to updated Transboundary Resource Assessment Committee (TRAC) assessment o Review stock status relative to biological reference point
(BRP) update o Address / develop a specific quota recommendation as necessary
• Review and discuss DEIS for smooth dogfish (HMS Amendment 3) Research Set-Aside Committee
• Discuss possible ways to improve RSA program • Consider developing research priorities for 2012
Executive Committee
• Review update from Ad Hoc Search Committee regarding the search process for Council's next Executive Director
• Review and consider SSC's recommended changes to Council's SOPPs
• Discuss Catch Share Workshop results and potential next steps Council Convenes Business Session
• Approval of December 2009 and February 2010 Minutes Organizational Reports
• NMFS Regional Administrator • NMFS NEFSC Director • NOAA Office of General Counsel • Federal Enforcement Officials (NMFS and USCG) • ASMFC Executive Director
4:00 p.m. -
5:30 p.m.
Wednesday, April 14
8:00 a.m. -
9:00 a.m. 9:00 a.m. -
9:00 a.m.
11:00 a.m.
Council Meeting in Duck, NC: April 13-15, 2010
The public is invited to attend the Mid-Atlantic Fishery Management Council's April 2010 meeting to be held at the Sanderling Hotel, 1461 Duck Road, Duck, NC 27949 (telephone: 252-261-4111). Below is the meeting agenda. NOTE: Log onto www.ustream.tv and type mafmc in the search block to view and listen to the meeting.

11:00 a.m. - 12:00 p.m.
12:00 p.m. - 1:00 p.m. 1:00 p.m. - 5:30 p.m.
Thursday, April 15 8:30 a.m. 8:30 a.m. - 9:30 a.m.
9:30 a.m. - 10:30 a.m.
10:30 a.m. - 12:00 p.m.
Liaison Reports
• New England Council
• South Atlantic Council Executive Director's Report Status of MAFMC FMPs Approve Monkfish Amendment 5
• Review Monkfish Advisory Panel and Oversight Committee recommendations
• Select and approve final measures for: o Implementation of annual catch limits (ACL) and accountability
measures (AMs) to prevent overfishing o Management reference points in accordance with the revised
Guidelines o Specifications for FY 2011-2013 and beyond, if necessary
including trip limits and DAS for the directed fishery, adjustments to the Research Set Aside (RSA) program, or other revisions
Lunch Approve Public Hearing Document for ACL / AM Omnibus Amendment
Council Convenes Receive Update on Endangered Species Act (ESA) Listing Status of Loggerhead Sea Turtle - Proposed Change from Threatened to Endangered Committee Reports
• Highly Migratory Species (HMS) • Scientific and Statistical Committee • Squid, Mackerel, Butterfish (Possible final action on Amendment 11) • Dogfish (Possible action on quota modification for spiny dogfish) • Research Set-Aside (RSA) • Executive Committee (Possible action on SOPPs and Catch Share
Workshop results / next steps)
Continuing and New Business
• Discuss status of 2010 Black Sea Bass recreational measures; i.e., review Commission's current position and our Council's February recommendation (the two management authorities have provided divergent recommendations to the NMFS RA)
• Presentation of SARC 49 Butterfish outcome by SAR Chair Rob Latour • Discuss NOAA GC Opinion on SMB Amendment 10 Rulemaking and address Council options

Council to Hold "Catch Shares" Workshop March 16-18 in Williamsburg, VA

The Mid-Atlantic Fishery Management Council (MAFMC) will host an educational workshop March 16-18, 2010 on "catch shares." The workshop will be conducted in cooperation with the Fisheries Leadership and Sustainability Forum, the Atlantic States Marine Fisheries Commission (ASMFC), and the National Marine Fisheries Service (NMFS). Participants will include MAFMC members, MAFMC staff, MAFMC Advisory Panel representatives, ASMFC representatives, MAFMC Scientific and Statistical Committee (SSC) representatives, as well as leadership from the New England Fishery Management Council, the South Atlantic Fishery Management Council, and NMFS. As with all MAFMC meetings, the workshop will be open to the public and there will be several opportunities for public comment.
The term “catch share” encompasses a broad spectrum of fishery management systems that share a common approach: allocating a portion of a scientifically determined catch limit to a discrete set of users (i.e. individuals, groups, or communities). The MAFMC adopted the first catch share programs in the United States when it implemented an ITQ (individual transferable quota) program for the surfclam and ocean quahog fisheries in 1990. The MAFMC also recently (2009) implemented a catch share system for tilefish (IFQ - individual fishing quota).
Given the high levels of interest regarding catch share programs, the MAFMC concluded that an educational workshop dedicated to catch share issues would be beneficial for its members and partners. As the workshop is educational in nature, no management decisions will be made at the workshop to initiate catch shares in any particular fishery managed by the MAFMC.
As more information becomes available, including agenda details and background briefing documents, the Council will post these materials on its website: www.mafmc.org. Please contact the Council at 302-674-2331 or by e-mail to info@mafmc.org to clarify any details or to address any questions.
Location details: Kingsmill Conference Center, 1010 Kingsmill Road, Williamsburg, VA 23185; 800- 832-5665. Kingsmill is 20 minutes from the Newport News/Williamsburg Airport (PHF) and 45 minutes from either the Norfolk, VA or Richmond, VA airports

Southern New Jersey fishermen join thousands at rally in D.C.

Council Meeting in Cambridge, MD
February 9-11, 2010

The public is invited to attend the Mid-Atlantic Fishery Management Council's January 2010 meeting to be held at the Hyatt Regency Chesapeake Bay Resort, 100 Heron Blvd at Route 50, Cambridge, MD 21613 (telephone: 410-901-1234). Below is the meeting agenda. NOTE: Log onto www.ustream.tv and type mafmc in the search block to view and listen to the meeting. more >

Area fishermen fear cuts in 2010 scallop harvest

By RICHARD DEGENER Staff Writer - Atlantic City Press
Posted: Wednesday, January 13, 2010

LOWER TOWNSHIP - Icicles were hanging off the scallop boat Sea Quest as it came to port at the Lobster House dock after four days at sea.

Fishing for scallops 45 miles east of Atlantic City in January was brutally cold, but Sea Quest Capt. Jim Clarke had more on his mind than the weather.

Clarke’s problem is a new management plan that would slash catches by about 25 percent in the next fishing season, which begins March 1 and runs through February 2011.

From North Carolina to Maine, commercial fishermen have been protesting the proposed cutback, banding together under a group called the Fisheries Survival Fund. The group, which represents scallop fishermen, has been fighting the proposed cut since November. Just this week, the group achieved a measure of success when the New England Fishery Management Council agreed to revisit the issue. more >

Preserve Fishing Coalition announces 800 signatures on "Fix Magnuson Now" in first 24 hours
The text of the Preserve Fishing Coalition release is presented below...

Fix Magnuson Now is the title of the introductory page to a petition posted on the internet by an ad hoc group of 14 leaders of the recreational, commercial and party/charter fishing sectors called the Preserve Fishing Coalition. Intended to reinforce the message that will be taken directly to Congress on the steps of the US Capitol in Washington on February 24th by fishermen from around the country, the petition is in the form of a letter to the twenty-six House Members and two Senators who are sponsoring The Flexibility in Rebuilding American Fisheries Act of 2009, legislation introduced by Congressman Frank Pallone (HR 1584) and Senator Charles Schumer (S 1255). The Act will allow managers some much needed discretion in determining what are now arbitrary and unnecessarily rigid stock rebuilding timelines.
The letter thanks these legislators for their continuing support of fishermen and the businesses that depend on them and for taking what will be a critical step in the process of allowing independent fishermen and women to once again resume significant roles in the fisheries management process.
It also recognizes the part that multi-billion dollar philanthropic foundations with strong corporate connections have played in inflicting massive and unnecessary damage on fishermen, fishing businesses and fishing communities, in marginalizing in the media and the management process those that are still holding on, and of undermining the original intent of the Magnuson Act, which was to balance the inadequacies of the science underlying fisheries management with the on-the-water experience of working fishermen.
The letter ends “the increase in our seafood trade deficit, which went from $6 billion in 2000 to $9 billion in 2008 and is still rising, is in the largest part due to the unnecessarily harsh and inflexible management regime that is now afflicting our fishermen.”
By 3:00 pm on Tuesday the petition had been signed by well over 800 fishermen and associated businesspeople from Alaska to Maine. It will remain on the web at http://fs16.formsite.com/FixMagnusonNow/form793561462/ until the Washington rally. Anyone who fishes or who owns, operates or is employed by a fishing dependent business is encouraged to visit the site.
Updates on the petition and the Washington rally will be available at the Commercial Fishing – the Rest of the Story blog at http://fishnetlite.blogspot.com/.

"The Times They Are a-Changin' - by Nils Stolpe
Fishermen have finally concluded that it’s time for long overdue changes, and that the place to go is Congress.

It’s been a long time coming, but it appears as if a critical number of fishermen have finally reached the conclusion that the way things are heading, there’s not going to be an acceptable fishing future for any of us, that it’s time for some long overdue changes, and that the place to effect those changes is in Congress.
It’s really difficult to identify all of the major factors responsible for this, but among them I’d list the excessive and in-your-face obvious influence on the Obama Administration’s NOAA/NMFS by foundations with a long track record of actions inimical to fishermen, the looming crisis (of management, not of fish) in the New England groundfish fishery, the sorry state of the economy for us mere mortals who haven’t benefitted and won’t benefit from any bail-out $billions, massive fishery closures or cutbacks without adequate science behind them, an ongoing investigation of what appears to be institutionalized strong-arm tactics in the federal fisheries enforcement branch, and most importantly, the unnecessary and incessant erosion of our ability to fish – either recreationally or to earn a living – by a management system that is focused solely on the fish and that we as fishermen are now effectively isolated from."

(For the rest of the column, go to http://www.savingseafood.org/columns/the-times-they-are-a-changin-by-nils-stolpe-2.html)

Richard Degener's series A Life at Sea, A Life at Risk in the Press of Atlantic City

Press of Atlantic City

House approves extension of water discharge rule exemption for commerical fishing boats
By DANIEL WALSH Staff Writer |
Posted: Tuesday, November 24, 2009

LOWER TOWNSHIP - U.S. Rep. Frank LoBiondo and local fishing companies on Tuesday praised a possible extension of small fishing vessels' exemption from new environmental regulations on ships' water discharges at sea.
LoBiondo, R-2nd, helped secure the House's passage of a three-year delay of new environmental regulations covering the incidental discharge of various forms of water from fishing vessels less than 79 feet.
If the Senate and President Barack Obama pass the law, Congress would have until 2013 to establish a uniform federal standard. Currently, 28 states have rules in addition to the federal regulations, LoBiondo said, and that causes problems for fishing companies who cross into different states' waters.
"We have the fourth-largest commercial seaport in the nation, so it's a big deal for us," LoBiondo said Tuesday during a news conference at Lund's Fisheries in Lower Township.
Local fisheries say the delay is necessary because they otherwise would be forced to retrofit their vessels with relatively little notice. Most of their ships have equipment that automatically pumps out bilge water that seeps into the boat during voyages. Without removing that water, owners say, their boats could sink.
"We've been doing it for 35 years this way," said Wayne Reichle, owner of Lund Fisheries. "Why change it now?"
Historically, fishing vessels' water discharges have not been regulated. In 1996, Congress directed the U.S. Coast Guard to focus on the water within ships out of concern for invasive species, such as zebra mussels, slipping into U.S. waters and wiping out native populations.
Seven years later, three environmental groups from the Pacific Northwest sued the U.S. Environmental Protection Agency, demanding the agency regulate water discharges because they felt the Coast Guard was not doing an adequate job. With legal help from the Stanford University Environmental Law Clinic, they won their case in 2006 and an appeal two years later, forcing the EPA to initiate regulation of the vessels late last year.
Congress passed a two-year exemption for some vessels, however, which meant they would not be regulated until July 2010.

A fishing vessel discharges bilge water Tuesday at Atlantic Cape Fisheries in Lower Township, Cape May County. U.S. Rep. Frank LoBiondo announced Tuesday that the House passed a three-year extension of small fishing vessels' exemption from federal water discharge rules.

Photo by: Staff photos by Dale Gerhard

The additional extension touted by LoBiondo, the ranking Republican on the House Coast Guard and Maritime Transportation Subcommittee, would give Congress until 2013 to figure out how best to do that.
"If not for the exemption, EPA would have issued a general permit to prescribe best management practices to control the discharge," said Ryan Albert, an environmental scientist with the EPA.
The EPA did not have the time do the research necessary to adequately detail those best practices, Albert said. So the extension gives them that time.
Still, fishing companies fear additional state rules on their water discharges. Under the federal Clean Water Act, states have the right to add more restrictive laws than those at the federal level. New Jersey proposed doing that in September 2008, forbidding the discharge of any bilge water or water from dish and clothes washing - known as "graywater" - into or near state waters.
On Jan. 26, LoBiondo contacted Mark Mauriello, the DEP's acting commissioner, urging him to remove those prohibitions. New Jersey regulators agreed to do so the very same day, according to DEP and congressional documents. DEP spokeswoman Karen Hershey said the agency now has no role in the regulation of vessels' discharges.
The potential for more state rules, however, has rankled fishing companies and LoBiondo, who described it as "devoid of common sense."
Sam Martin, of Atlantic Capes Fisheries, said the existing setup works just fine.
"The Coast Guard already does everything that needs to be done," Martin said.
Reichle and Martin said they were concerned the new rules would go so far as to forbid rainwater or washes from waves from landing on ships. After all, they say, that is in part what creates the bilge water.
Those who brought the lawsuit that initiated the new rules say such claims are exaggerations. Nina Bell, a spokeswoman for Northwest Environmental Advocates, one of the original plaintiffs, said the federal regulations are a logical approach to preventing water pollution and the release of invasive species into U.S. waters.
"I find it amazing that people continue to grossly exaggerate the standards of the Clean Water Act," Bell said. "It's fear-mongering."
Contact Daniel Walsh:
856-649-2074
DWalsh@pressofac.com

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