Public Access to Observer Data
A project of the Observer Data Focus Area
Project Overview
This project focuses on advocating for public access to fisheries observer data and information. Recent changes in the Magnuson Stevens Act led to increased sheltering of US fisheries data from the public and NMFS is in the process of updating agency rules to comply. Without public access to fisheries observer data and information, independent institutions and organizations cannot evaluate observer program effectiveness; there is no oversight of fishery management decisions to tackle critical ocean problems, such as overfishing and marine ecosystem destruction from harmful fishing practices; and oversight is lacking for publicly funded research using observer programs to develop bycatch mitigation legislation. This project is currently U.S. national in focus but we welcome international efforts in areas of the world where similar problems of independent oversight may be lacking.Project Justification
The Magnuson Stevens Reauthorization Act 2006 (MSRA) essentially deemed all observer data and information confidential. This was a huge blow to the public's ability to monitor fishery management decisions through its access to fisheries monitoring data. The National Marine Fisheries Service has yet to develop national standards that implement the more restrictive language of the MSRA, allowing regions to develop their own interpretations to the Act, which could lead to bias against certain stakeholders' access to observer data. The nation's fisheries are becoming increasingly privatized, if not by law, by practice. The MSRA still insists that marine resources are a public resource. As such, the public should maintain its right to data access. Likewise, the policies of the government concerning data access should be transparent, but this has not been the case.
US observer program officials met in 2003 and again in 2008 to discuss regional policies on data release. These meetings and resulting NMFS guidelines on data release have not been available to the public.
In February 2009, 27 organizations joined the APO in a letter urging NMFS to maintain public access to observer data and information. The APO attempted to get meeting materials from the two workshops but were initially denied. APO then submitted two FOIA requests in December 2009 to clarify who was involved in restricting public access to observer data and what direction they were heading with the changes in the MS Act. A special thanks goes to Public Employees for Environmental Responsibility, http://www.peer.org, for their generous assistance from the beginning of this process and their legal representation.
FOIA No. 2010-00126: requesting documents related to regional and national guidelines and rules from 1990 - 2006; and 2007-Present
1. December 25, 2009: APO Original FOIA
2. January 27, 2010: APO Revised FOIA Request, based on NMFS' claim that archived records prior to 1990 would be especially troublesome to access.
3. January 5, 2010: NMFS Response, acknowledgement of original FOIA request
4. January 13, 2010: NMFS Response, requesting clarification and revision of FOIA request
5. February 23, 2010: NMFS Response, charging APO $4532.65
6. March 19, 2010: APO Appeal justifying fee waiver
7. March 22, 2010: NMFS Response, acknowledging APO's appeal
8. June 4, 2010: APO Formal Complaint, based on lack of agency response
9. September 3, 2010: NMFS Response, granted fee waiver in response to March 19 appeal.
10. October 8, 2010: NMFS Response, partial release of documents, from all but the Southeast Region
11. October 14, 2010: NMFS final response, with records from the Southeast Region (note: no acknowledgment of the formal complaint, which is still active)
FOIA No. 2010-00153: requesting documents related to two NOAA FOIA workshops held in 2003 and 2008
1. December 25, 2009: Original FOIA
2. January 19, 2010: NMFS Response, acknowledging FOIA
3. February 23, 2010: NMFS Response, charging APO $4185.00
4. March 19, 2010: APO appeal, claiming justification for fee waiver
5. March 22, 2010: NMFS acknowledged appeal
6. April 20, 2010: NMFS responded incompletely, citing adminstrative rules
7. May 18, 2010: APO appeal
Documents Released
NMFS Guidelines Index (FOIA 2010-00126) - It appears that the documents released for this FOIA are incomplete.
NMFS FOIA Workshop Index (FOIA 2010-00153) - We received only a partial response (no e-mails), without an explanation for blacking out certain sections.
NMFS Headquarters:
Alaska:
- Bill Karp, 2007
- James Coe, 2007
- James Balsiger, 2002
- AFSC Draft Confidentiality Handbook (undated but included in the 2008 workshop materials)
Northeast, Southeast, Southwest, Hawaii, Pacific Islands, and Northwest (to be uploaded soon)
Last Update 28 October 2010
Click here for Archived Updates
Contact Information
Please do not hesitate to contact us with your questions or feedback, and if you have any interest in participating in the developments of this project. Liz Mitchell: emitch@efn.org Alicia Billings: aliciabillings@gmail.comProject Resources
- Magnuson-Stevens (MSFCM) Act:
Section 3, 101-479 (32) Definition of "observer information"
Section 402, 109-479 (b), "Confidentiality of Information"
Section 403, "Observers" - NOAA Administrative Order (NOA) 216-100: