Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
Oceana Inc
Employer identification number
51-0401308
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
7,700,747
26,781,861
15,211,352
13,146,794
22,331,482
85,172,236
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
7,700,747
26,781,861
15,211,352
13,146,794
22,331,482
85,172,236
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
26,742,191
6
Public Support. Subtract line 5 from line 4.
58,430,045
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
7,700,747
26,781,861
15,211,352
13,146,794
22,331,482
85,172,236
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
176,140
261,354
217,276
141,606
191,186
987,562
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
62,124
1,189
1,847
9,182
6,185
80,527
11
Total support (Add lines 7 through 10).
86,240,325
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
349,868
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
67.750 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
70.540 %
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
Oceana Inc
Employer identification number
51-0401308
Identifier
Return Reference
Explanation
Form 990, Part VI, Section B, line 11
Information for the Form 990 comes largely from Oceana's independently audited financial statement, which consolidates Oceana's activities across national boundaries. The Accounting Department collects this and other information needed for the 990, which is reviewed and presented in draft form by a tax accounting firm. After approval by senior management, the final draft of the 990 is presented to the board for review before it is submitted to the IRS.
Form 990, Part VI, Section B, line 12c
Any director or officer who is an interested person with respect to a transaction or arrangement under consideration by the corporation shall promptly disclose to the board of directors or the boards designate the existence and nature of his or her financial interest in the transaction or arrangement. If the Corporation is considering entering into a transaction or arrangement in which an interested person has a financial interest, the board of directors shall appoint a committee or subcommittee to review the transaction or arrangement. No interested person with respect to the transaction or arrangement under review shall be a member of this committee or subcommittee or otherwise participate in its deliberations, except to furnish such factual information as the committee may request. If the committee finds that an interested person has a conflict of interest with respect to a proposed transaction or arrangement, the committee shall obtain reliable information about the terms of comparable transactions or arrangements that are reasonably available to the corporation from unrelated parties free of any conflicts of interest. After reviewing this comparability information, the committee shall determine by majority vote whether the proposed transaction or arrangement is fair and reasonable to the corporation and whether it would be in the corporation's best interest to enter into it on the terms proposed. If the Board of Directors learns that a director or officer has failed to disclose a financial interest as required by this policy, it shall inform the individual and afford an opportunity for the individual to explain the alleged failure to disclose. After hearing the individual's response, the board shall take appropriate action if any action is needed. As for the staff, Oceana's employee manual states its conflict of interest policy enforcement rules. Employees must disclose any actual, potential, or apparent conflict of interest to the General Counsel. Where appropriate, the general counsel may require suitable remedial action, such as divestiture or adverse interest, recusal from certain decisions, or other action to avoid an appearance or existence if a conflict.
Form 990, Part VI, Section B, line 15
Oceana's process for determining compensation of its CEO, officers, and key employees is as follows: Oceana provides the Audit Committee of the Board of Directors with data from multiple sources on comparable salaries in other nonprofit organizations, especially but not limited to those in the conservation field, for Oceana's CEO, top management, officers, and key employees. The Committee reviews these data to determine the compensation is reasonable and that Oceana has not engaged in an excess benefit transaction with any individual in a position to substantially influence the organization's affairs. The discussions are documented in the minutes.
Form 990, Part VI, Section C, line 19
Oceana posts annual reports and its audited financial statement on its website, www.oceana.org. It also shares relevant information with independent "watchdog" organizations such as GuideStar, Charity Navigator and the Better Business Bureau to allow these organizations independent assessment of Oceana's accountability and transparency. Oceana's Articles of Incorporation and by-laws are available to members of the public upon written request. Oceana's Articles of Incorporation, as well as a certificate of good standing, are also independently available through the Department of Consumer and Regulatory Affairs for the District of Columbia (where Oceana, Inc. is incorporated), though there is a fee for this service.
Changes in Net Assets or Fund Balances:
Form 990, Part XI, line 5:
Net unrealized losses on investments: -25,046.
Form 990, Part III, Line 4a: Oceana was at the forefront of opposition to offshore drilling and played a key role in making this decision possible. Our campaign team used advertising, enormous amounts of press and broad grassroots support to bring about the change we needed to the government's offshore drilling policy. More than 100,000 people signed Oceana's petition to "Stop the Drill," noting that the Deepwater Horizon disaster showed that offshore drilling could never be safe or clean. Preventing Sea Food Contamination When Oceana began its campaign to end seafood contamination in 2005, nine chlorine factories in the United States used outdated technology that resulted in mercury pollution entering the atmosphere and waterways, eventually finding its way into popular seafood species like tuna and swordfish. Today, only two factories remain, as Oceana has convinced seven of the nine mercury-polluting factories to eliminate mercury use. Seafood contamination is a significant problem for the nearly one billion people around the world who depend on seafood as a primary source of protein. The presence of mercury is especially dangerous for small children and women of childbearing age. The U.S. Food and Drug Administration (FDA) has advised these groups to eat no more than six ounces of albacore tuna or tuna steaks per week because of mercury and to completely avoid eating swordfish, shark, tilefish and mackerel. Oceana's campaign to prevent seafood contamination is twofold: to end needless mercury pollution from outdated chlorine plants, and to convince major grocery stores in the United States to post the FDA advisory on mercury in seafood.
Form 990, Part III, Line 4b: Oceana called on the government of Belize to stop issuing fishing licenses to foreign fishing fleets in the country's waters until it could consult with local fishermen and conservationists. The Ministry of Fisheries agreed, keeping Belize's local, sustainable fishing community intact. II. Oceana Europe: Eliminating "Walls of death" from the Mediterranean sea In 2010, Oceana made great progress toward the goal of eliminating illegal driftnets, also known as "floating walls of death," from the Mediterranean Sea by 2013. In June, Italian fishermen from the port of Bagnara Calabra surrendered part of their illegal nets after a nearly year-long blockade of the port by the Italian Coast Guard. In August, Morocco passed an amendment banning the use, possession, manufacture or sale of driftnets starting in 2011. With 300 vessels using driftnets, Morocco has been one of the most notorious users of the wasteful gear in the Mediterranean. A month later, Turkey followed suit, announcing it would stop using the destructive fishing gear in 2011. Driftnets have been banned by both the United Nations and the European Union for years, but many vessels have continued using them. Thousands of marine creatures, including whales, dolphins, sharks and sea turtles are trapped and killed by this indiscriminate fishing gear each year. Oceana's campaigners have continued to work to ensure that the ban is enforced. Bluefin Tuna season Cut short After continuous campaign work by Oceana and following quota reductions for bluefin tuna, one of the ocean's iconic fish species, the European Commission closed the bluefin tuna purse seine fishery early for the third year in a row in June, an important measure to help this threatened species. Bluefin tuna stocks are on the verge of collapse due to overfishing and illegal fishing. The population of these incredibly fast moving, warm-blooded top predators has decreased by 80 percent from levels before the industrial fishing era thanks to an enormous global appetite for the fatty belly meat of the bluefin, which makes high-grade sushi. III. Oceana Chile: Chile Reforms salmon Industry In March, the Chilean Congress passed groundbreaking legislation to prevent the escape of farmed salmon and further regulate the use of antibiotics in salmon aquaculture. The legislation is a direct result of Oceana's two years of campaign work to address the environmental impacts of salmon farming. The reform criminalizes farmed salmon escapes, imposing hefty fines as well as prison sentences for violators. Upwards of 10 million salmon are estimated to escape each year, and they can travel great distances and threaten the health of native fish populations by competing for food and transmitting parasites and diseases. In addition, the reform also bans the preventive use of antibiotics and requires companies to make public the amounts and types of antibiotics they use. Quota for Chile's Most Important Fishery Reduced in Chile After an investigation by Oceana revealed that the Chilean government was ignoring its own scientists' recommendations and setting unsustainable quotas, the Chilean government announced a drastic reduction in the fishing quota for jack mackerel starting in 2011. Jack mackerel is the most important commercial seafood fishery in Chile and a main source of fish meal and oil for Chile's large salmon industry. The decision came after Oceana sent the Minister of Economy a report analyzing the annual quota for jack mackerel during the past 10 years. The study, using data that Oceana obtained through Chile's Freedom of Information Act, shows that between 2003 and 2010 the National Fisheries Council set the annual quota for jack mackerel at much higher catch limits than were recommended by the Institute for Fisheries Development. For example, in 2009 the quota was 87 percent higher than recommended by the agency.
Form 990, Part III, Line 4c: drilling on NewYorkTimes.com, Facebook and other major sites. Since the well was capped in July, interest in the oil drilling issue has declined. Over 134,000 Wavemakers take action in support of Oceana We have taken steps, by making our communications and actions more compelling to our supporters, to increase the total number of Wavemakers taking action in support of Oceana's campaigns. As of this writing, we have had over 134,000 Wavemakers take action against the end-of-year goal of 70,000, thanks largely to the success of Oceana's Stop The Drill petition (which now has over 155,000 signatures). Launched Expanded Ocean Heroes Program, added new Corporate and Media Partners Oceana launched its second annual Ocean Heroes program in March, building on last year's effort. In 2010, Oceana again called for nominations for "Ocean Heroes" and then asked our Wavemakers and others to vote for who Oceana should honor and recognize as Ocean Heroes. We also created a celebrity PSA - featuring Ted Danson, Sam Waterston, Kate Walsh, January Jones, Sam Trammell, and Anna Torv - to help broaden and market the program with a national call for nominations. And, we worked with corporate supporter Nautica, who, with GQ magazine, held an awards ceremony on World Oceans Day in Los Angeles. Discovery's Planet Green Channel also helped Oceana by running our PSAs on its cable and internet properties. The Deepwater Drilling Disaster happened just as the Ocean Heroes program was launched and required Oceana to focus its marketing resources on efforts surrounding the spill (such as the Stop The Drill petition). Despite this, the Ocean Heroes program was successful. Hundreds of different individuals were nominated for an impressive range of activities. Several thousand voted, and close to 2,000 new Wavemakers joined Oceana. Serendipitously, Jay Holcomb, head of the International Bird Rescue Research Center - the main oil spill bird rescue group - was nominated and ultimately chosen as our 2010 Oceana Hero. The junior category was won by the "Shark Finactics," a student shark interest group from the Green Chimney's school in Brewster, New York. Social media: 5,900 followers on Twitter and over 16,000 followers on Facebook Over 5,900 people follow Oceana's daily Twitter "tweets" about our campaigns, and over 16,000 people receive Facebook updates. Oceana, in the middle of the Deepwater Drilling Disaster crisis, signed up several hundred new supporters a week on its Facebook page. In addition, Oceana's Facebook supporters regularly take action on behalf of Oceana's campaigns.
Form 990: This return presents consolidated financial statements for Oceana, Inc. and its non-U.S. affiliates.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.