Jones CALLS FOR Congressional hearing on

“Systemic” problems with U.S. fisheries law enforcement exposed by Ig report 

These issues “cry out for congressional oversight.”

Washington, D.C. – Today U.S. Representative Walter B. Jones (NC-3) called on the House Natural Resources Committee to hold a hearing on the fisheries enforcement programs of the National Oceanic and Atmospheric Administration (NOAA).  The urgent need for congressional oversight of these programs was highlighted by a 27-page report released last month by the Inspector General (IG) of the U.S. Department of Commerce entitled “Review of NOAA Fisheries Enforcement Programs and Operations.” The IG report found “systemic nationwide issues” with NOAA’s law enforcement programs, practices and personnel.  The report came in response to requests made in mid-2009 by Congressman Jones and the majority of the North Carolina congressional delegation, as well as the Massachusetts congressional delegation, for an investigation into allegations of overzealous commercial fisheries enforcement by NOAA.

The full text of Congressman Jones’ hearing request letter to Natural Resources Committee Chairman Nick J. Rahall (WV-3) and Ranking Member Doc Hastings (WA-4) follows:

“I am writing to respectfully request that you schedule an oversight hearing on the fisheries enforcement programs of the National Oceanic and Atmospheric Administration (NOAA).  The urgent need for this hearing was made clear by a 27-page report released last month by the Inspector General (IG) of the U.S. Department of Commerce entitled “Review of NOAA Fisheries Enforcement Programs and Operations.”  The report confirmed what I have heard from fishermen for years – namely, that there are “systemic nationwide issues” with NOAA’s law enforcement programs, practices and personnel.

            The Inspector General report is the product of months of work by a team of IG investigators who thoroughly examined the NOAA fisheries enforcement operation.  As part of that effort, they interviewed over 225 individuals from across the country, including fishermen, conservation officials, Fishery Management Council members and NOAA personnel.  Their findings reveal a number of problems that cry out for congressional oversight.  Among other things, the report found:

·                      “. . . systemic nationwide issues adversely affecting NOAA’s ability to effectively carry out its mission of regulating the fishing industry.  These issues have contributed significantly to a highly-charged regulatory climate and dysfunctional relationship between NOAA and the fishing industry”;

·                      NOAA’s “civil penalty assessment process is arbitrary and unfair”;

·                      NOAA’s workforce composition is dramatically misaligned to its mission – “only about 2 percent of its caseload has been criminal-investigative, yet over 90 percent of its enforcement personnel are criminal investigators – a clear imbalance”; and,

·                      NOAA’s Asset Forfeiture Fund – which contains proceeds from civil penalties it collects – has a balance of $8.4 million as of December 31, 2009, but Department officials “are not aware of the fund’s having ever been audited”, and “the account under which they are maintained has weak internal controls” leading the IG to launch a pending “forensic review of the fund”.

I strongly believe the “systemic” issues outlined in this report require further examination by the committee.  I also believe NOAA’s fisheries enforcement programs need significant reform.  To that end, I would appreciate your assistance in scheduling a hearing to receive testimony from the Inspector General, from personnel responsible for the NOAA enforcement programs and from fishermen so that Congress can better understand these issues and how to resolve them.” 

The full text of the report can be found here: http://www.oig.doc.gov/oig/reports/2010/OIG-19887.pdf.

For additional information, please contact Catherine Fodor in Congressman Jones’ office at (202) 225-3415.

WEEKLY UPDATE: 02/05/10
NORTH CAROLINA FISHERIES ASSOCIATION
“Serving the Commercial Fishing Families of North Carolina since 1952”
Phone: (252) 633-2288  www.ncfish.org

Rally in DC buses getting full…please call office for reservations or more information. Please call Peggy at NCFA (252-633-2288) to book your seat(s). (reservations may be made using MasterCard or Visa) or e-mail Peggy at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it For additional information on the rally go to: www.unitedwefish.com Dare County folks call Etheridge Seafood 252-473-5272

NOAA Administrator Jane Lubchenco Announces Immediate Actions and Long-term Plans in response to Inspector General's Report The text of the NOAA release follows:
NOAA Administrator Jane Lubchenco today instructed the agency’s head attorney and its top fisheries manager to take immediate and long-term actions to improve the agency’s enforcement and legal operations and enhance its relationship with the fishing community. In a memo issued today, Dr. Lubchenco directed NOAA General Counsel Lois Schiffer, and NOAA Acting Assistant Administrator for Fisheries Jim Balsiger, to take a two-part approach to responding to the Jan. 21 recommendations by the Commerce Department’s Inspector General that reviewed the policies and practices of NOAA’s fisheries enforcement system. Lubchenco requested the review in June 2009 after listening to concerns of fishermen and Congress. “I take this report very seriously and I want a comprehensive approach to addressing both the IG’s observations and the perceptions of fishermen. Fish are a public resource that should be protected through proper regulation and enforcement for the benefit of Americans, coastal economies and the marine environment. We can’t manage effectively without trust,” said Dr. Lubchenco. “Taking these steps will help us resolve the issues identified by the Inspector General and enhance our efforts to work with the fishing industry and public in a more constructive manner.” Congressional hearings are what’s needed; real hearings and accountability are the only things that will help fix what’s wrong at NMFS enforcement, not internal fixes.

WEEKLY UPDATE: 01/29/10
NORTH CAROLINA FISHERIES ASSOCIATION
“Serving the Commercial Fishing Families of North Carolina since 1952”
Phone: (252) 633-2288  www.ncfish.org

·          NCFA Putting Bus Trip Together for Fix Magnuson Rally February 24^th Please contact Peggy if you are planning on attending; we need to hear from Carteret, Craven, and Pamlico Counties especially. Time is runnin gout for bus reservations. Please call or e-mail Peggy 252-633-2288   This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Quick Update on Inspector General investigation; The Office of Inspector General will be hiring a large accounting firm in order to audit the confiscation fund of NMFS enforcement. The OIG’s report, as we wrote here a couple of weeks ago, found that the Office of Law Enforcement has never had its fund audited, there is no real accountability for how money was spent. It has been told to NCFA that funds confiscated from fishermen through settlements and ALJ court action, supposedly to be used for other enforcement efforts, have been used for travel to some exotic locations and other suspicious uses. We expect a thorough investigation to show more “systemic” abuses at OLE and we also hope that hearings will soon follow the OIG’s report.

Summer Flounder As of 1/26/2010

Quota for 2010 winter fishery:                                                                                  2,827,945 pounds

Transfers to VA as of 01/18/10:                                                                                -   78,279 pounds

Cumulative Harvest for 2010 winter fishery:                                                          -   980,008 pounds                   

2010 winter fishery summer flounder quota remaining:                                          1,769,658 pounds

PROCLAMATION
RE: BAY SCALLOP SEASON

Effective at 7:30 A.M., Monday, February 1, 2010, the bay scallop season WILL OPEN in the area described below with the following restrictions and SHALL CLOSE at 4:00 P.M. April 1, 2010 unless superseded by an earlier proclamation: I. AREA DESCRIPTION PAMLICO SOUND North of a line near Wainwright Island from a point 34° 59.7942’ N - 76° 14.6514’ W on Camp Point; running easterly to a point at 34° 58.7853’ N - 76° 09.8922’ W on Core Banks.  The remainder of the State’s internal waters will remain closed to commercial and recreational harvest of bay scallops. II. HARVEST TIMES AND METHODS A. Scallops may be taken from 7:30 A.M. to 4:00 P.M. on designated harvest days.  Scallops may be taken by hand, with hand rakes, hand tongs, dip nets and scoops. B. Commercial harvest days shall be Monday, Wednesday and Friday each week. C. Recreational harvest days shall be Saturday and Sunday each week.

WEEKLY UPDATE: 01/28/10
NORTH CAROLINA FISHERIES ASSOCIATION
“Serving the Commercial Fishing Families of North Carolina since 1952”
Phone: (252) 633-2288  www.ncfish.org

Recently, NCFA received information from some of our members that they were unaware of the Atlantic Ocean Striped Bass Permit requirements that are now in effect in North Carolina. After speaking with the Division of Marine Fisheries earlier today they sent the following note to NCFA describing their notification efforts to the industry. The following is verbatim from the e-mail I received from the Division, I have edited a couple of names that were in the e-mail but had nothing to do with the notification effort going on last year.

Here is what the Division said they did: (This note was written to Dr. Daniel by his staff after he said he would find out what was done to notify fishermen about the new requirements.)

“Here is a list the things we did to notify the industry of the impending SB Gear permit:

1)       Spring 2009 – Postcard to all commercial license holders notifying them of change to renewal process and need for new SB gear permit.

2)       2009 Application for all Issuable Permits (dealer quota monitoring, PSGNRA, etc) had AOSBCGP on the application.  This would have gone to all license holders renewing by mail but not those renewing in an office

3)       Signs on doors, windows or cork boards of license agents for in-office renewals

4)       Letter in all mail renewal packets spring 2009 notifying them of new permit

5)       Reminder letter to ALL licensed fish dealers September 2009 about new permit

6)       News release October 2009

7)       Updates to MFC and Regional Committees throughout 2009

8)       Beach Seine and gill nets proclamations had the requirement included.  The trawler proc inadvertently did not.

I’ll put copies of those items on your desk.

A few other tidbits: 772 people knew about it, 130 trawlers knew about it and we issued permits to a company in NJ so they knew about it.”

For more information on any item in this update, contact the NCFA office (252) 633-2288.

WEEKLY UPDATE: 01/25/10
NORTH CAROLINA FISHERIES ASSOCIATION
“Serving the Commercial Fishing Families of North Carolina since 1952”
Phone: (252) 633-2288  www.ncfish.org

Dear Friends and Colleagues,

Much happening this week and next month , so a short Special Update to bring you vital information.

Related to the Rally in Washington DC next month (February 24^th) there is an online letter petition that we urge you to sign so it can be presented to our elected officials in DC during the rally. Designed to compliment a fishermen’s rally that is being held on the steps of the Capital on February 24^th, the Preserve Fishing Coalition, an ad hoc organization that was started by 14 fishing industry leaders, have established a website collecting signatures on a letter to the 28 legislators thanking them for their support of the Flexibility in Rebuilding legislation as a critical first step in returning independent fishermen to their rightful place in the fisheries management process.

The letter will be presented to the legislators at the rally.

From the letter, “the intent of the Magnuson Act as originally passed specifically included fishermen in the management process to balance the lack of precision in fisheries science with their on-the-water experience. That imprecision is still and will always be with us, and independent fishermen’s participation in the management process should be as well.”

The letter/petition is available at please sign this letter n line so we can have a good count for the rally in February. http://fs16.formsite.com/FixMagnusonNow/form793561462/

We still need to hear from folks if they would like to be part of a bus to DC for the rally; it appears there are a number of folks in the Outer Banks who will be chartering buses from there; there is strong interest from the Wilmington area; but so far not too much from New Bern area. If you want to be part of this very important rally we need to hear from you by Friday of this week. Please call Peggy at 252-633-2288 if you’d like to be part of the bus effort.

WEEKLY UPDATE: 01/22/10
NORTH CAROLINA FISHERIES ASSOCIATION
“Serving the Commercial Fishing Families of North Carolina since 1952”
Phone: (252) 633-2288  www.ncfish.org

Inspector General Investigation finds “Systemic” problems at NMFS Enforcement.

Inspector General report found, among other things: “. . . systemic nationwide issues adversely affecting NOAA’s ability to effectively carry out its mission of regulating the fishing industry.  These issues have contributed significantly to a highly-charged regulatory climate and dysfunctional relationship between NOAA and the fishing industry”; NOAA’s “civil penalty assessment process is arbitrary and unfair”; NOAA’s workforce composition is dramatically misaligned to its mission – “only about 2 percent of its caseload has been criminal-investigative, yet over 90 percent of its enforcement personnel are criminal investigators – a clear imbalance”; and, NOAA’s Asset Forfeiture Fund – which contains proceeds from civil penalties it collects – has a balance of $8.4 million as of December 31, 2009, but Department officials “are not aware of the fund’s having ever been audited”, and “the account under which they are maintained has weak internal controls” leading the IG to launch a pending “forensic review of the fund”.

Months ago NCFA, working with Congressman Walter Jones and other NC delegates and the Massachusetts delegation called for this investigation, NCFA also secured a letter from the NC General Assembly requesting the same; the result is the report that is a scathing indictment of NMFS’s enforcement operations. “It is appalling that a federal law enforcement agency is this poorly run,” said Congressman Jones.  “Systemic problems as outlined in this report cannot continue to be ignored.  This Administration needs to act immediately to overhaul the policies, procedures, and personnel responsible for this mess.  I will do everything in my power to see to it that they do just that.”  He continued, “The IG has confirmed what North Carolina fishermen have long known to be true: federal fisheries law enforcement is out of control, terribly mismanaged and needs a major overhaul.”

WEEKLY UPDATE: 01/19/10
NORTH CAROLINA FISHERIES ASSOCIATION
“Serving the Commercial Fishing Families of North Carolina since 1952”
Phone: (252) 633-2288  www.ncfish.org

SPECIAL ALERT

NCFA is planning a bus trip to Washington DC to participate it the “FIX Magnuson” rally on February 24^th  on the steps of the capitol. The plan is to have two buses (more if we need them) one leaving from the Outer Banks area, and one leaving from New Bern on the morning of February 24^th.

In order to make arrangements we need to hear from those planning on attending no later than Friday January 29^th.

The cost for a seat on the bus will be $60 with limited seating; the buses hold 47 people. If we do not hear from enough people to fill the buses by January 29^th, we will make other arrangements for the trip. Please let us know your plans no later than January 29^th.

This is a trip to Washington to stand up for our industry and let the elected officials know that  the current system of management is destroying our industry. Fishermen and their families from all over the country are expected to attend and demand that our elected officials “FIX MAGNUSON.”

Event and Bus Information

Date: February 24^th

Leaving: Outer Banks (exact location to be announced)

Leaving: New Bern (exact location to be announced)

Time: 5:00 a.m.

Event in Washington 12 noon to 3p.m. Capitol Steps

Bus returning to NC locations shortly after event.

Please call Peggy at NCFA (252-633-2288) to book your seat(s). (reservations may be made using MasterCard or Visa) or e-mail Peggy at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

For more information on any item in this update, contact the NCFA office (252) 633-2288.

WEEKLY UPDATE: 01/08/10
NORTH CAROLINA FISHERIES ASSOCIATION
“Serving the Commercial Fishing Families of North Carolina since 1952”
Phone: (252) 633-2288  www.ncfish.org

NCFA Board meeting scheduled for Thursday January 14^th

• Executive Board/Finance 10a.m.
• Full Board       1p.m.

Also, after the board meeting NCFA is hosting a flounder meeting for interested commercial parties whether NCFA members or not. At that time the NC Division of Marine Fisheries will discuss options with industry for the upcoming season(s). Flounder meeting to start at 2:30 after board meeting.

**Please respond to Peggy at 252-633-2288 if you plan to attend the board meeting or flounder meeting so we have an accurate number of those planning to attend. Meetings to be held at NCFA office 2606 Neuse blvd, New Bern.

NCFA is still working on the February trip to Washington DC; many have expressed interest in attending, so in the next couple of weeks more details will be forthcoming about arrangements for that trip. Watch for NCFA special alerts about Washington trip.

PROCLAMATION
RE: SPINY DOGFISH-COMMERCIAL FISHING OPERATIONS- ATLANTIC OCEAN

Effective at 6:00 P.M., Sunday, January 10, 2010 the following will apply to the harvest of spiny dogfish in the Atlantic Ocean waters of North Carolina.

I. SEASON CLOSURE
The commercial harvest season for spiny dogfish in the Atlantic Ocean is CLOSED.