New England Judge Continues to Rule In Fishermen’s Favor
There is an article on the front page of the S.O.F.A. site headed “Finally a Breath of Air” the tells how a federal judge in New England kicked proposed regulation back to the NMFS with the comment that the Magnuson Stevens act was not intended to put fishermen out of business and wrote a scathing opinion detailing that. Typically, the NMFS reaction was to entirely shut the door on the fishery, claiming that they now had to step back and re-evaluate the whole regualatory structure and that while they did that, the boats would have to stay tied up.
Not so, said Federal District Court Judge Edward Harrington.
Harrington had suspended the so-called Framework 42 to give NMFS time to consider an alternative that would be more workable for the fishermen. But the suspension also included an extension for the “days-at-sea” leasing format, so NMFS officials suspended that program, effectively cutting off fishermen’s time to work over the next 60 days.
In his followup ruling yesterday, Harrington backed requests from the marine fishing services of Massachusetts and New Hampshire to reinstate the days-at-sea leasing program, even while keeping much of Framework 42 set aside. Harrington yesterday also suspended another regulatory program known as “differential counting.” That had been imposed by NMFS officials to cut fishermen’s take by counting each day at sea as two days on federal multispecies permits when boats work the most accessible and richest waters.
Yesterday’s twin actions by the judge — essentially backing the states and the fishermen, and knocking down hard-line regulatory steps by NMFS — unshackles the 100 or so day boats working out of Gloucester, including a few New Hampshire and Maine commuters.
Access to the leasing program frees up 948 days that had been frozen in bureaucratic limbo, but now can be used. By rough estimates, that amount of additional fishing could be expected to produce no less than $2 million in gross revenue on Gloucester’s docks. The judge’s reinstatement of leasing could also infuse about $14 million to the economy through salaries and fees to crews, lumpers, processors, brokers and truckers.
Gloucester Daily Times: Feb 18, 2009
Once again the Judge deserves our thanks and our congratulations go out to the fishermen of the northeast who have apparently found a way to work within the framework the NMFS seems most comfortable with. Litigate, litigate, and litigate some more until a Judge tells them how to act responsibly since they obviously can’t figure out how to do it on their own.
“We’re relieved that the judge cleared up the confusion, and we’re moving ahead with promulgating the regulations (required by the judge’s ruling),” said NMFS’ spokeswoman Maggie Mooney-Sues.
“Of course,” she added, “the ruling will mean more fishing and that means more damage to the stocks,” she added. “The (New England Fishery Management) Council will have to deal with that.” The New England Council helps to make policy and advises NMFS on regulatory issues.
Gloucester Daily Times: Feb 18, 2009
Again we say, follow the entire mandate of the Magnuson Stevens Act and there will be no problems we can’t work with. We agree the fisheries need regulation. What we don’t agree with is that the fisheries need draconian regulation that protects every species even suspected of losing ground while it puts thousands of American workers out of work and bankrupts thousands of hard working American commercial fishermen and commercial boat owners.
The Magnuson Stevens Act directs the NMFS and its Regional Councils to “prevent overfishing while achieving, on a continual basis, the optimum yield from each fishery.”
That’s a far cry from “close down every single fishery in case someone is catching a few too many fish this year” which seems to be their chosen avenue around here.
(The preceding post was made by a commercial fisherman and boat owner and represents his opinion, not necessarily that of S.O.F.A. or anyone else.)
