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THE WASHINGTON REPORT—December 2009

CCCHFA engages in national policy development through its Washington D.C. representative Jeffrey Pike.  A former Chatham hook fisherman and vessel owner, Jeff helps ensure that the views of CCCHFA are known to Congress and the relevant federal agencies. Whether taking Hook Association fishermen around Capitol Hill, strengthening the organization’s relationships with the Massachusetts congressional delegation or supporting funding for responsible fishery management, Jeff works hard to promote CCCHFA’s mission in Washington.

From time to time, this page will include reports from Washington to inform and update our members and supporters about legislative and administrative issues of concern.  

Congress 

As the year comes to a close, the House and Senate calendars have been focused on healthcare legislation.   The Senate interrupted their debate on the healthcare bill to discuss an omnibus spending bill.  Two months into the new fiscal year, only five of the 12 regular spending bills have been enacted: Agriculture, Energy and Water, Homeland Security, Interior-Environment and Legislative Branch.  The seven remaining bills are: Commerce-Justice-Science (CJS), Financial Services, Labor-HHS-Education, Military Construction-VA, State-Foreign Operations, Transportation-HUD, and Defense.  The omnibus encompasses all of the remaining bills except defense.  The Defense Appropriations bill will most likely be used to bundle additional end-of-year measures considered a priority for the Democrats.  

Moving quickly against a December 18 deadline, when the continuing resolution funding the government ends, the House passed the omnibus on December 10.  The Senate quickly moved to begin consideration and passed it on December 13. 

The Coast Guard Authorization of 2010 (H.R. 3619) passed the House and was moved to the Senate on November 2.  As previously mentioned, the legislation includes the Maritime Safety Act of 2009 (H.R. 2652) which requires: dockside safety exam every two years for fishing vessels over 50 ft.; vessel captains to pass a safety training program, with refresher courses every 5 years; a new Fishing Vessel Safety Training Grant Program.  It will also renew the Commercial Fishing Safety Advisory Committee.  Finally, the bill provides the Coast Guard with expanded authority to terminate a trip for “unsafe operation”.  

The Senate also has a version of the Coast Guard Authorization bill, S. 1194.  It has already been marked up in Committee and is waiting for time on the Senate floor, which is likely to occur early next year.   The committees responsible for the bill in the House and the Senate have already begun to work through some of the differences in the bill in the hopes of passing the first Coast Guard Authorization in five years.   

The Cape Cod Watershed Resources Restoration Project (CCWRRP) continues to be actively supported by CCCHFA. As mentioned previously, it is a 10-year program designed to improve water quality, restore shellfish habitat, salt marshes and fish runs on Cape Cod.   In order to be approved, both the House and Senate Agriculture Committees are required to consider the project before it can qualify for federal funding.  The House Agriculture Committee authorized it at the end of October and sent it to the Senate Agriculture Committee for their consideration.  This will be the final step in gaining approval in Congress.  

Consideration of the next Water Resources Development Act (WRDA) began in mid-November.  WRDA authorizes projects for the U.S. Army Corps of Engineers’ (Corps) Civil Works program – the nation’s largest water resources program. The Corps constructs projects for the purposes of navigation, environmental protection and restoration, flood damage reduction, hurricane and storm damage reduction, shoreline protection, hydroelectric power, water supply, recreation, and aquatic plant control.

The House Subcommittee on Water Resources and Environment, under the Committee on Transportation and Infrastructure, requested member projects be submitted by December 3.   These projects will form the base of the legislation.   A hearing on the proposals for WRDA was held on November 18. 

Shack Talk 

On December 10, 2009, the National Oceanic and Atmospheric Administration (NOAA) Catch Shares Task Force released a draft policy on the use of catch share programs in fishery management plans.  The task force gathered comments during conference calls and stakeholder sessions throughout the summer.   

NOAA’s catch share policy is: “To achieve long-term ecological and economic sustainability of the Nation’s fishery resources and fishing communities, NOAA encourages the consideration and adoption of catch shares wherever appropriate in fishery management and ecosystem plans and amendments and will support the design, implementation, and monitoring of catch share programs.” 

The policy realizes that catch share programs are not necessarily the answer for every fishery but encourages examining the program and is lending their support for the formation of catch share programs. 

NOAA recommends following the criteria set forth in the Magnuson-Stevens Fishery Conservation and Management Act while paying particular attention to: specific management goals; transferability of catch shares; a review process for the program; distinction among sectors; fishing community sustainability; and royalties.  NOAA will be lending their support to catch share programs by: reducing technical and administrative impediments to designing the programs; providing their expertise and related support to assist in the development of new programs; informing and educating stakeholders so they can help design and implement the program; and coordinating data collection, research and performance monitoring of the programs.  

Copies of the draft policy can be found online at the catch shares task force website (http://www.nmfs.noaa.gov/sfa/domes_fish/catchshare/index.htm).  NOAA is looking for input on the draft policy from fishermen to the interested general public.   Public comments are being accepted until April 10, 2010. 

There is still no word on the appointment of the next Administrator for the National Marine Fisheries Service, a key appointment for CCCHFA fishermen. The Obama Administration has sought our views on a number of candidates.

For all members and supporters of CCCHFA, we wish you a happy holiday season and a wonderful new year

CCCHFA engages in national policy development through its Washington D.C. representative Jeffrey Pike.  A former Chatham hook fisherman and vessel owner, Jeff helps ensure that the views of CCCHFA are known to Congress and the relevant federal agencies. Whether taking Hook Association fishermen around Capitol Hill, strengthening the organization’s relationships with the Massachusetts congressional delegation or supporting funding for responsible fishery management, Jeff works hard to promote CCCHFA’s mission in Washington.

From time to time, this page will include reports from Washington to inform and update our members and supporters about legislative and administrative issues of concern.  

House of Representatives

Rep. Madeleine Bordallo’s (Guam) Illegal, Unreported, and Unregulated (IUU) Enforcement Act of 2009 (H.R. 1080) was approved by the House Natural Resources Committee in late July and passed the House on September 22.  Passage of the bill would help address the growing threat posed by IUU fishing by strengthening the enforcement authorities of existing U.S. fisheries laws and assisting other countries in combating the problem.  Over seventy percent of major global marine fish stocks are fully exploited, overexploited, depleted, or recovering from depletion, driven in part by non-compliance of parties to regional fishery management organizations (RFMOs) and to the persistence of illegal, unreported, and unregulated (IUU) fishing. For some important fisheries, IUU fishing accounts for about 30 percent of the total catch and the UN General Assembly has termed IUU fishing, “one of the greatest threats to marine ecosystems [that] continues to have serious and major implications for the conservation and management of ocean resources.”

IUU fishing is an umbrella term for several deleterious fishing behaviors. Illegal fishing takes place when vessels operate in violation of the laws of a fishery, such as those under the jurisdiction of a coastal state or those regulated by RFMOs. Unreported fishing is fishing that is not reported or is misreported when such reporting is required by the relevant national authority or RFMO. Unregulated fishing refers to fishing by vessels without nationality or vessels flying the flag of a country not party to the relevant RFMO.

With an annual global value of $10 to $23.5 billion, representing between 11 and 26 million tons, IUU fishing undermines the United States' conservation-focused approach to fisheries management and its fishermen. Unsustainable fishing practices by foreign fishing fleets adversely affect stocks that migrate between the U.S. Exclusive Economic Zone (EEZ) and the high seas. If stocks fail to recover, additional restrictions may be placed on U.S. fishermen, forcing economic losses and undermining confidence in the fairness of the management system.  Fishermen that engage in IUU fishing are “free riders” who benefit unfairly from the sacrifices made by others for the sake of proper fisheries conservation and management. The growing problem of IUU fishing can significantly diminish the benefits of domestic fisheries management efforts.

The bill is now before the Senate Committee on Commerce, Science and Transportation and on behalf of the Hook Association we will continue to push for its’ final approval.   

The Coast Guard Authorization of 2010 (H.R. 3619) was introduced on September 22 and included the text of the Maritime Safety Act of 2009 (H.R. 2652).  We previously reported on the Maritime Safety Act as it will affect commercial fishing vessels. The bill establishes additional equipment standards for commercial fishing, fish tender, and fish processing fishing vessels operating beyond three nautical miles of the coast, and clarifies the current equipment requirements for these vessels. The bill requires every fishing vessel to undergo a dockside safety exam every two years and for fishing vessels over 50 ft., the bill requires vessel captains to pass a safety training program, with refresher courses every 5 years. It creates a new Fishing Vessel Safety Training Grant Program and renews the Commercial Fishing Safety Advisory Committee.  Finally, the bill provides the Coast Guard with expanded authority to terminate a trip for “unsafe operation”.  H.R. 3619 has been approved by the Transportation and Infrastructure Committee and will soon be scheduled on the House floor.  

CCCHFA continues to actively support the Cape Cod Water Resources Restoration Project, a 10-year program designed to improve water quality, restore shellfish habitat, salt marshes and fish runs on Cape Cod.  The House Agriculture Committee held a hearing on the watershed proposal and our Congressman William Delahunt (MA) testified in support of the project.  The Committee must now approve the project in order for it to qualify for federal funding.  CCCHFA has strongly supported the project and has requested the Agriculture Committee to include language that ensures the participation of fishermen and farmers in the actual execution of various projects.  CCCHFA already has a strong record of accomplishment in habitat restoration and could provide valuable experience in the implementation of the Cape Cod Project.

U.S. Senate

Unfortunately the Senate Commerce Committee, which has jurisdiction over fisheries and maritime matter in the Senate, has not been particularly active. Under Chairman Rockefeller (WV), the Committee has held very few hearings on issues that matter to CCCHFA.  One of the reasons for this inaction is because the Committee’s ranking Republican Senator Kay Bailey Hutchison (TX) is expected to resign from the Senate and run for governor of Texas.  Senator Olympia Snowe (ME) is next in line to assume the Republican leadership position and we expect that when she does (perhaps as early as year’s end) the Committee will be more active on fisheries issues.
   
We previously mentioned that Senator Maria Cantwell (WA) and Senator Olympia Snowe (ME), chair and ranking member of the Oceans, Atmosphere, Fisheries, and Coast Guard Subcommittee, support stronger fishing vessel safety measures.  With the inclusion of the Maritime Safety Act of 2009 (H.R. 3619) in the House’s Coast Guard Authorization bill, we expect that fishing vessel safety requirements will be passed as part of the final Coast Guard Authorization Act of 2010.  The Senate’s version of the Coast Guard bill (S. 1194) does not currently contain fishing vessel safety measures, so fishing vessel safety will be addressed during conference on the final version of the Coast Guard bill. 

Shack Talk

The National Oceanic and Atmospheric Administration (NOAA) formed a Catch Shares Task Force in late June. Ms. Monica Medina, Special Advisor to the NOAA Administrator, is the chairperson. CCCHFA and Pike Associates have a very strong relationship with Monica and most recently assisted her as a member of the Obama NOAA transition team.

Medina has said, “Transitioning to catch shares is a priority for NOAA. This task force will engage stakeholders to help ensure that the regional fishery councils and NOAA implement catch shares wherever appropriate. We must all work together to end overfishing and rebuild fisheries, to improve the economics of fishing and fishing communities, and to protect the ecosystems that sustain them.”

Throughout the summer, the task force held three conference calls and three stakeholder sessions to gather as much input on catch shares as possible. CCCFHA made their concerns clear to the task force: the necessity of good record keeping; the need for good science; adequate monitoring of the catch share programs; and the need for catch share guidance or policy recognizing the legitimate role of permits banks and their ability to hold shares/quota for use by other fisherman.  NOAA is planning on issuing a draft/interim policy that will go into effect immediately upon release, but will be open for public comment for a minimum of 90 days.  The task force expects to make public their draft policy shortly.

The report outlines three key areas that will lead to a more balanced, productive and sustainable approach to our ocean resources: a new National Policy highlighting the importance of our stewardship of the ocean, coasts and the Great Lakes; modifications to the governance structure to provide stronger mandate and direction and the creation of an interagency National Ocean Council charged with the implantation of the National Ocean Policy; and nine prioritized categories for action to address some of the most pressing challenges.  The Task Force is currently accepting comments on its Interim Report.

The Task Force is holding six regional public meetings to receive public comment, the most recent held on Rhode Island on September 24th.   Pike Associates has participated in several meetings with CEQ and the Task Force and we will continue to closely monitor this issue. A final report from the Task Force is expected later this year.

JULY 20, 2009

IN THE HOUSE
Illegal, Unreported, and Unregulated (IUU) fishing is one of the biggest threats to our global fisheries and undermines conservation and management efforts. On February 13th Rep. Madeleine Bordallo (GU) introduced the IUU Enforcement Act of 2009 (H.R. 1080) which strengthens the authorities and enforcement measures available to U.S. government officials to fight against IUU fishing and to reduce by-catch of a protected living marine resource by foreign fishermen.  Last year the Senate considered similar legislation but failed to approve the measure before adjournment.  Because interest among lawmakers to curb IUU fishing is high, we expect Congress to finalize legislation this time around. Last month HR 1080 was approved by the House Natural Resources Committee and the bill now awaits floor action.

Other legislation we are watching includes the Maritime Safety Act of 2009 (H.R. 2652) introduced by Rep. James Oberstar (MN), Chairman of the House Transportation Committee.  The legislation seeks to increase fishing vessels safety, as commercial fishing is still one of the most dangerous occupations.  The bill may require additional safety equipment on vessels, dockside vessel safety exams and additional training for captains.  CCCHFA has been asked by Congressman Delahunt for its views on the legislation to ensure that the needs of the inshore day boat fleet are reflected in the bill.

CCCHFA is actively supporting the Cape Cod Water Resources Restoration Project, a 10-year program designed to improve water quality, restore shellfish habitat, salt marshes and fish runs on Cape Cod.  Funding from the project may be available to CCCHFA to hire fishermen to work on improving herring runs as part of CCCHFA’s ecosystem restoration program.  The project requires Congressional approval, and CCCHFA is working with the Massachusetts congressional delegation to ensure prompt approval.

IN THE SENATE
Senators Maria Cantwell (WA) and Olympia Snowe (ME), chair and ranking member of the Oceans, Atmosphere, Fisheries, and Coast Guard Subcommittee, are expected to introduce fishing vessel safety legislation in the Senate. The details of legislation are not yet finalized but because of interest on both sides of the Capitol, we expect some type of safety legislation to pass this Congress. CCCHFA will remain active in helping shape the final measure.
FROM THE ADMINISTRATION

Margaret Spring has been appointed as Chief of Staff to NOAA Administrator Jane Lubchenco.  Previously Margaret worked on the Senate Commerce Committee and worked closely with CCCHFA staff on the Magnuson-Stevens Act reauthorization.  She is a very capable individual, and CCCHFA looks forward to working with her.