NOAA Fisheries reportedly appointed Maine lobsterman Dustin
Delano as “Fisherman in Residence.” What
that means isn’t completely clear, as the agency isn’t providing much
information about the position. I didn’t
learn about it from an agency press release, but rather heard about it while down
in Washington earlier this week, speaking to Senate staff on a totally
different, if still fisheries-related, manner—even though, according to
Delano’s Facebook page, he has held the position since November 1, 2025.
Still, the appointment is apparently real, and both NOAA and
the Department of Commerce have received
a letter from the ranking member of the House Committee on Natural Resources,
Jared Huffman, and the ranking member of its Subcommittee on Oversight and
Regulation, Maxine Dexter, questioning whether it was the right thing to do.
It’s a reasonable question to ask.
The
fisherman who was selected for the position is Dustin Delano, a lobsterman from
Maine (it’s interesting to see that NOAA Fisheries chose a lobsterman for the position, as American lobster is managed
by the states through the Atlantic States Marine Fisheries Commission, and not
by NOAA Fisheries).
“…I speak for people who work these waters every day and for
communities that depend on them.
“We see ocean conditions as they exist, not months later in
reports. Yet policy too often
prioritizes theory over experience and paperwork over outcomes. Commercial fishermen are not line items. We live with the consequences of every
decision made in Washington. On the
water, those decisions can make fishing less safe, manage fish poorly and drive
American commercial fishermen out of business…
“We cannot credibly claim to support domestic seafood or food
security while allowing the industrial takeover of our ocean. Offshore wind destroys habitat, displaces
fishing from historic grounds and embeds permanent industrial hazards into
working waters. It would be like setting
our farm fields on fire and calling it progress…
“Our New England groundfish fishery is in turmoil. Fishermen face quota swings that shift from
feast to famine, often driven by incomplete surveys and outdated data. A stock can be abundant one year and
effectively unavailable the next, not because the fish disappeared, but because
the survey failed to capture reality.
“When that happens, fishermen cannot simply pivot. If the fishery they depend on is suddenly closed
and they do not hold permits for others, boats tie up, crews are sent home and
coastal businesses suffer despite healthy fish in the water…
“…Through President Trump’s leadership, the federal
government has recognized that domestic seafood production is a matter of
national interest, economic resilience and food security.
“Commercial fishermen stand ready to meet that call. With a clear vision from the White House and
policies grounded in real-world experience, we can protect and strengthen
fisheries that are already sustainable, restore working waterfronts, and once
again make American seafood a backbone of our national food supply. We are a nation of fishermen ready to roll up
our sleeves, do the work and get the job done with the president’s help,
feeding America first and leading the world by example.”
So it’s clear that Delano, and presumably his Association,
supports the White House’s fisheries policies, and it wouldn’t be particularly
surprising if that support won him his new position of “fisherman in residence.”
But what isn’t particularly clear is exactly what a fisherman
in residence’s duties might be, and why a lobsterman from New England is more
suitable for the role than a trawler captain from New York, a bandit gear
fisherman from the Gulf of Mexico, or a gillnetter from Alaska.
And then there is the question of litigation. In the past, Delano’s Association has brought
legal action against the Department of Commerce, NOAA Fisheries’ parent agency,
suing
to invalidate the authority of the regional fishery management councils,
arguing that, because of the nature of their duties, the United States Constitution
requires that all persons nominated to be council members must be confirmed by
the Senate. There was just enough truth
in the Association’s argument to have the Court invalidate some very minor
provisions of the Magnuson-Stevens Fishery Conservation and Management Act,
while leaving the council system intact.
Should the Association decide to take legal action against
the agency again, how could Delano reconcile his roles as chairman and chief
strategist of the Association with his role as fisherman in residence at NOAA
Fisheries, particularly if the latter role is a paid position?
Such concerns were raised in the March 2 letter from
representatives Huffman and Dexter, which read, in part,
“We have learned that in lieu of [the Marine Fisheries
Advisory Committee], NOAA appointed a single “Fisherman in Residence.” We are concerned that this singular position
cannot speak for the diverse fishing communities and fishing sectors across our
country and we are concerned with NOAA’s lack of transparency regarding the
appointment of this position and the role.
For the sake of the 2.1 million jobs that rely upon healthy, sustainably
managed fisheries, we seek full transparency regarding the role of ‘Fisherman
in Residence.’
“It is our constitutional obligation to oversee NOAA, the primary
scientific agency of the U.S. Department of Commerce, including whether its
federal employees are complying with federal ethics laws governing conflicts of
interests, impartiality, and outside activities, and whether ethics screening
controls have been adequately implemented and enforced.
“It is our understanding that Mr. Dustin Delano has been
appointed as ‘Fisherman in Residence’ at NOAA.
As such, we assume he is a NOAA employee, has been drawing a federal
paycheck, and is advising on fisheries policy within NOAA. However, it is clear from his Facebook posts and
other public activities that he continues to serve as an industry association
advocate on matters before NOAA, raising questions about his impartiality and
ability to serve in the best interests of the American people and fishing
interests across the country…
“Mr. Delano presents these affiliations in his advocacy and
litigation-facing work in areas where NOAA is a decision-maker and, at times, a
defendant. His resume lists ‘opposition
to offshore wind projects in the Gulf of Maine’ as an accomplishment under his
ongoing work with NEFSA. It also
reflects his involvement with the Maine Lobstermen’s Association in association
with litigation against the U.S. Department of Commerce, including Maine
Lobstermen’s Association v. Raimondo, which challenged NOAA’s actions
related to endangered species protection, including for the North Atlantic right
whale. In other words, Mr. Delano’s
non-government roles and professional work involve representing fishermen in
litigation and advocacy that directly implicate NOAA and regulated industries
and stakeholders before it…
“These facts raise a straightforward question: did Mr. Delano
participate personally and substantially in official matters in violation of
federal law, and did [the Department of Commerce] and NOAA implement effective
safeguards at the outset of his federal service to prevent disqualifying
participation?..”
To help determine the answers to those questions, Rep.
Huffman and Rep. Dexter instructed the Department of Commerce and NOAA to
provide copies of all financial and other disclosure forms completed by Delano and
relevant to the Fisherman in Residence position; any documents or other
communications relating to Delano, and dating from his time as Fisherman in
Residence, involving any of the agencies’ ethics personnel; any documents or
other communications relating to Delano’s ethics and/or conflict of interests
training; all documents and other communications relating to Delano’s
employment by NOAA, including date of hire, pay grade, job description, reporting
and supervisory relationships, and other similar data; any documents or
communications maintained or provided by any of the agencies’ ethics personnel,
concerning or related to Delano’s participation before the agencies, including participation
in regulatory matters, litigation-related matters, policy development, and
enforcement; and all calendars, schedules, meeting agendas, or similar matters
maintained by Delano in his official capacity as an agency employee.
The agencies were given two weeks to provide the requested
materials, which would clearly be relevant to the question of whether Delano’s
appointment as Fisherman in Residence created any ethical issues.
“I applaud NOAA for identifying the need for a real
harvester, not another bureaucrat, to have a seat at the table and to provide
input and clarity on fisheries issues…
“These accusations [in the Huffman/Dexter letter], however
subtle, reflect the misguided belief that there is nothing government
bureaucrats could possibly learn from those working Mainers who actually have
lived and fished our coasts for generations.
They could not be more wrong.”
The easiest way for the agencies to allay such concerns
would be to promptly respond to the Huffman/Dexter letter, provide the requested
materials, and allow them to speak for themselves.
Always assuming, of course, that if the documents were all
produced, Reps. Huffman and Dexter wouldn’t find that their worries were
justified.
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