Page 10. MAINE COASTAL NEWS April 2011 Commercial Fishing News SENATOR SNOWE QUESTIONS NOAA OFFICIAL ON FISHERIES MANAGEMENT March 8, 2011


Snowe Examines Implementation of Magnuson-Stevens Act


Delivers opening remarks at Commerce Subcommittee hearing


WASHINGTON, D.C. – U.S. Senator Olym- pia J. Snowe, Ranking Member of the Com- merce Subcommittee on Oceans, Atmo- sphere, Fisheries and Coast Guard, ques- tioned Eric Schwaab, National Oceanic and Atmospheric Administration (NOAA) As- sistant Administrator for Fisheries, at a hear- ing this morning examining the implementa- tion of the Magnuson-Stevens Fishery Con- servation and Management Act. Senator Snowe attended the Maine Fishermen’s Fo- rum in Rockport, where she spoke with a number of fishermen who conveyed their concerns regarding fisheries management. Senator Snowe illustrated the effects of inadequate stock assessments and poor fish- eries management by showing Administrator Schwaab one of the last 130 sardine cans ever produced at the Prospect Harbor cannery, the last cannery in the United States. Senator Snowe stated, “Uncertainty in our stock as- sessments causes our fishermen to lose busi- ness, not to mention traditions that are lost forever. Regrettably, this is not a hypotheti- cal – this is being played out and was pain- fully demonstrated in Prospect Harbor, Maine, which had to shut its doors when the herring supply was abruptly curtailed by arbitrary reductions in herring catch.This uncertainty was costly – it cost fishermen who were not able to catch as many herring, it cost 130 people their jobs when the cannery closed, it robbed a rural town of income from property taxes.”


In her line of questioning, Senator Snowe addressed the implementation of the sector-based system a year ago following a number of regulation changes over the years which had impeded Maine’s fisherman. Not- ing her conversations with a number of fish- erman at the Maine Fishermen’s forums last Friday, who indicated that the sector system is increasing revenue over last year’s levels she reiterated that their concerns that the new sector-based approach might not continue. “One of the concerns that was expressed at the forum was somehow that the sector- based approach might not last or stay in place. First and foremost I think it is important to get assurances that we can continue this program…albeit with increased catch-limits of some of the species in the groundfishery… First of all, do you think we should stay the course in sector-based management?” asked Senator Snowe.


In response, Administrator Schwaab said, “Yes, obviously there are some adjustments that might be called for, but in general staying the course is the right plan of action.” If the New England Fishery Manage- ment council had not determined to develop a new approach from the former Days-at-sea method, fisherman would be facing a limita- tion of as little as 14 days to make a living for the entire year. While the data for the first year of implementation is preliminary, the catch information for the New England fishery is encouraging. Specifically, revenue is up 8 percent for the entire industry – and the haddock catch has increased from 7,500 met- ric tons last year to over 8,000 metric tons. Senator Snowe also questioned Admin- istrator Schwaab about total allowable catch limits in the groundfishery. In New England, there are 19 separate stocks all at distinct moments in recovery, with seven species having been fully rebuilt and the remaining species across the spectrum in recovery. Yet, the management of this complex groundfishery individually assigns total al- lowable catch limitations without the practi- cal reality that in addition to this control, the


Fishing vessels tied up in the basin at Eastport.


first species that reaches its limit can com- pletely shut down the entire fishery. For example, based on the latest figures from NMFS only 16.5 percent of allowable catch of the Haddock from Georges Bank have been caught and only 26 percent of the Pollock. The remaining 46,000 metric tons of Haddock and Pollock that can be caught this year are restricted by other species such as Georges Bank Winter Flounder and Yellow- tail Flounder, which federal policies strictly limit, and prevent fishermen from even at- tempting to catch the healthier stock.


A full copy of Senator Snowe’s prepared remarks, follows:


This Committee passed the reauthoriza- tion of the Magnuson-Stevens Act more than five years ago and reinstated the critical balance between marine environments and the economic imperative of commercial fish- ing to coastal communities in Maine and elsewhere. I want to welcome Assistant Ad- ministrator Schwaab who over this past weekend joined me again at the Maine’s Fishermen Forum and we both heard directly from the men and women who have unsur- passed knowledge about the current status of the New England groundfishery. I also want to thank Chief Scientist DeMaster, as well as the rest of the witnesses, for their testimony today and their work to achieve crucial stability in our fisheries.


This is a critical moment for New England’s groundfishery as we assess pre- liminary data from the 2010 fishing season, and look forward to 2011. It is essential that as we review the results from the first year of implementation of the sector-based system that we remember that our fishery was in a crisis at this time last year. The Days-at-Sea program had created a downward spiral for the industry, from 65 days, 35 days and the prospects of as little as 14 days at sea for 2010, we were running out of days and moreover we were running out of fish. The 2009 Status of US Fisheries listed 12 of the 20 species as overfished in New England and the fewest cod were caught in New England over 60 years of records.


Today, compared to last year, revenue has increased, my fishermen informed me that the catch of healthy stocks including Had- dock and Red Fish are up by more than 10 percent, and critically bycatch has fallen from historical levels of 15 percent to roughly 2.5 percent. The bottom line is that the sector based system, while it cannot immediately turn around our fishery, is providing cau- tious optimism for our fishermen for the first time in decades.


As a result, it is imperative that we re- double our efforts to improve the manage- ment of the sector based system. While I strongly believe in the intent of a science- based approach to fisheries management, we


must also ensure that science is being effi- ciently applied and working for our fisher- men. Currently, policies are burdened by antiquated stock assessments as well as the painstaking process of federal regulations, such as required by the National Environ- mental Policy Act. For example, I understand that while Canada is able to implement changes to its fisheries management in four months, bureaucratic delays lead to a full year of waiting for changes in US policy. We must recognize that cumbersome policies cost thousands of jobs today, and frankly, federal agencies must exhibit a sense of urgency to address the crisis in our fisheries. There are opportunities for action today to improve the management of the fisheries. Specifically, I authored the “International Fisheries Clarification Act” which was signed into law this January that corrected an interpretation of a bilaterally managed fish- ery and enabled the New England Fishery Management Council, NOAA, and Canadian fishery managers to recommend an increase in catch levels for Georges Bank yellowtail flounder by 44 percent for 2011 compared to the expected catch limit for this coming fish- ing year. Critically, this is a constrained spe- cies that provide additional dividends in ad- ditional catch of less constrained species. We must similarly act with respect to stream- lining federal regulations through the NEPA process and accelerate collection of baseline data that establishes the critical Total Allow- able Catch limitations.


Though the intent of Magnuson- Stevens was to foster cooperation in rebuild- ing overfished stocks while retaining jobs, I remain gravely concerned that fisheries man- agement in New England is in a state of antagonism, mistrust, and dysfunction. The Department of Commerce’s Inspector Gen- eral Report issued roughly a year ago, and the CBS News investigative report last month, revealed federal enforcement officials as reckless and vindictive rather than the trusted, honest, and efficient public servants that the complex management of critical fish- eries stocks requires.


I will not stand as individuals at NOAA and NMFS undermine, harass, and in some cases, bankrupt the very fishermen they should partner with to rebuild our nation’s fisheries. I look forward to the testimony of Administrator Schwaab of the National Ma- rine Fisheries Service to ascertain exactly how the Service is implementing the Correc- tive Action Plan to address the IG’s findings. Make no mistake, the sobering assess- ment from the report must result in action, not further planning, and I for one will work aggressively to remove any perverse incen- tives that lead to the excessive fining of fishermen merely to increase budgets. Logi- cally, fines should be invested in restoring species harmed through violations – not


more funding for more enforcement. Further, the detailed abuses of the Asset Forfeiture Fund must lead to an immediate overhaul that will, as I called for last summer, freeze the fund until the full scope of mismanagement is revealed and a new, transparent policy is established that mandates rigorous over- sight.


The bottom line is that the success of Magnuson-Stevens and the recovery of the groundfishery will only be accomplished if we build a climate of trust between fishing communities and regulators. Increasing the frequency of stock assessments and data collection through cooperative research are critical in reducing the uncertainty of the stocks – while rebuilding the broken relation- ships between the regulators and the regu- lated. As you have said, Administrator Schwaab, counting fish is a lot like counting trees, except that fish swim and consume each other. It is challenging and requires complex methodology, but these assess- ments have far-reaching economic conse- quences. In Maine, hypothetical stock as- sessments for herring directly led to the clo- sure of the Stinson Cannery in Prospect Har- bor, exacting further job losses in a distressed community.


These assessments have dramatic rami- fications – and can lead to draconian deci- sions - for coastal economies. This critical baseline evaluation may be the deciding fac- tor between employment or unemployment and a tradition being passed down to children or a way of life being lost. I have long believed that management decisions are simply dis- connect from the economic reality and authored National Standard 8 in the Sustain- able Fisheries Act of 1996, which requires economic assessments of management deci- sions. We need to build on this and require the Secretary of Commerce to incorporate this analysis into management decisions. As a result, I am pleased to be a cosponsor of Senator Scott Brown’s legislation, the Fish- ing Impact Statement Honesty Act, or FISH Act, that would require independent assess- ments of the socioeconomic impact of fishing regulations on already-beleaguered fishing communities.


While rebuilding our stock is an eco- nomic opportunity with potential to generate $133 billion in sales and employ 2 million Americans, the policies must work for all fishermen, for all boat sizes, and for every port. We must learn from the challenges of the 2010 fishery and more effectively balance the rebuilding of our fishery and retention of our historical fishing communities. I look forward to an insightful debate today of how Magnuson-Stevens is – and is not – effec- tively doing what it was intended to do, and how this Committee can assist in rebuilding fishing stocks while retaining our historic fishing communities.


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