The Fisheries Hippocratic Oath
This letter from the President of the Nome Fishermen's Association was delivered to the North Pacific Fisheries Management Council as public testimony. Tim Smith has been valiantly pursuing rebuilding the salmon stocks in the Nome area. Think John the Baptist. And the 800 pound gorilla in the area, the NSEDC, would love to have his head on a platter.Tim is trying to get a hatchery going, as the head of the region's only authorized aquaculture association. The salmon rebuilding was co-opted by NSEDC affiliates and never produced a whit of extra salmon. All other areas of Alaska have ocean ranched salmon in spades. NSEDC runs massive factory trawlers that accidentally catch hundreds of tons of salmon, and really don't want to catch any more. Connect the dots. Including the dots leading to federal responsibilities all over the place.
There is a simple concept missing here that the Hippocratic Oath always echoed, "First, do no harm." The Government finally figured out that if you applied that to Medicaid it would work wonders for saving money and helping people too. Specifically, make the health care facility pay to fix someone who was injured or got sick under their care. Now apply that concept to the fishing business. These big trawlers would not be allowed to decimate any other stocks of fish they weren't allowed to harvest. And if they can't accomplish that, then a new way of catching the target specie would be required. But by all means, stop the carnage that is going on by the leaders of these Native fishing groups. I call them groups, because they are a Board of Directors and staff; the big benefits to the Native community is yet to be seen.
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The following is the text of some of
the testimony I provided to the North Pacific Fishery Management
Council when they met in Nome June 6-14.
The MSA requires that the State of
Alaska conduct a decennial review of the CDQ program beginning in
2012; twenty years after the program’s inception and every ten
years thereafter.
It is unclear how the state will
address this unfunded mandate. Because of the importance of the CDQ
program to western Alaska and its profound impacts on the economy,
society and culture of western Alaska communities it is essential to
ensure that the decennial review will be done well.
The week before last, we heard from the
North Pacific Fishery Management Council’s Scientific and
Statistical Committee and its Advisory Panel about the need for
additional analysis of the impacts of chum salmon bycatch on coastal
communities. These impacts and others associated with management of
fisheries within the U.S. Exclusive Economic Zone are intimately
connected to the CDQ program and I recommend that the council direct
its staff to actively participate in the CDQ program decennial
review.
Previous attempts to evaluate the CDQ
program suffered from significant shortcomings. The National Research
Council of the National Academy of Sciences published the findings of
its review in 1999. The report discussed the program’s newness and
data limitations, particularly the lack of financial data upon which
to base quantitative analysis.
Governor Murkowski’s 2005 Blue Ribbon
Committee report suffered from the same lack of detailed economic
data and lacked objectivity.
Many of the decisions the council makes
impact the CDQ program and a comprehensive decennial review will be a
valuable reference in your deliberations.
In dealing with the salmon bycatch
issue, we have seen how the profit making goals of the CDQ groups can
put them in direct opposition to the economic, social and cultural
interests of their rural Alaska stakeholders. The decennial review
should identify the areas where these conflicts occur, how they have
been resolved and quantitatively assess outcomes for the CDQ groups
and rural Alaska residents.
The following comments primarily relate
to NSEDC, the CDQ group I am most familiar with but I have heard from
numerous residents of other CDQ program eligible communities that the
same situation is widespread.
In Norton Sound, NSEDC has become a de
facto monopoly, dominating all fisheries related economic activity
and impacting many segments of the society and culture including the
subsistence economy.
In my personal experience, NSEDC has
become an oppressive monopoly. Ironically, I have been forced out of
fisheries related economic activities by the program that was created
specifically for the purpose of developing self-sustaining fisheries
related economies in this region.
At best, it is difficult to engage in
any kind of business where a near-monopoly exists; for me it has been
impossible. Unfortunately, neither the MSA nor the state and federal
laws governing the CDQ program contain provisions prohibiting the CDQ
groups from engaging in unfair competition to the detriment of
coastal community residents. The need for additional rulemaking to
minimize these negative consequences of the CDQ program should be
addressed in the decennial review.
Furthermore, there are no mechanisms in
the governance structures of the CDQ groups for resolving conflicts.
CDQ groups are privately owned nonprofit corporations with no
members. In addition, some if not all of them have moved a
substantial portion of their assets into for-profit subsidiaries in
which their community residents are not shareholders.
The residents of coastal communities
have none of the statutory protections or rights provided to members
by the Alaska Nonprofit Corporation Act or the rights provided to
corporate shareholders by the Business and Industrial Development
Act.
CDQ groups and their subsidiaries are
not regulated by the SEC and are exempt from the shareholder
protections provided by the Sarbanes-Oxley Act.
Most troubling is that the CDQ groups
are not accountable to the residents of the communities they
represent and their financial records are held confidential. The
residents of NSEDC’s communities cannot see audited financial
statements for the nonprofit and even the NSEDC board of directors is
denied access to detailed financial records of NSEDC’s for-profit
subsidiaries.
Prior to 2006, the council along with
the State of Alaska and the National Marine Fisheries Service
provided substantial regulatory oversight over the business
activities of the CDQ groups. The 2006 amendments to Magnuson-Stevens
Act privatized the CDQ groups and today they are controlled by a very
small number of individuals without a clearly codified relationship
to their stakeholders. There are no other corporations similar to the
CDQ groups, no precedents for how they are supposed to work and
little quantitative information except from the CDQ industry on how
they are working.
The council was a major player in
creating and overseeing the CDQ program. Because of the importance of
the program to western Alaska communities and Bering Sea and Aleutian
Islands fisheries, I hope that the council will actively participate
in the decennial review by assigning staff to participate in
designing, implementing, conducting and analyzing the review to
ensure that it is thorough, objective and comprehensive.