“Groundfish a Disaster, But No Relief” – NOAA

Fishermen’s Voice Staff

WASHINGTON (Saving Seafood)—April 24, 2013—On April 1, 33 Massachusetts state legislators led by Senate Minority Leader Bruce Tarr and Senate President Therese Murray asked Samuel D. Rauch III, the Acting Administrator of Fisheries at the National Oceanic and Atmospheric Administration to allow the fleet reasonable access to stocks while new studies are conducted into the vitality of the Gulf of Maine ecosystem. The lawmakers emphasized to Rauch that a compelling legal case exists for the government to institute a second year of interim catch limits on Gulf of Maine cod, now in line for a 77 percent cut in landings based on a decision by Regional Administrator John Bullard and supported by a legal brief by the general counsel for NOAA that has been withheld from the public.

Three days later, 60 Massachusetts legislators signed a second letter drafted by Gloucester’s delegation, Senate Minority Leader Bruce Tarr and state Rep. Ann-Margaret Ferrante - that featured a detailed legal rebuttal to the position taken by NOAA’s General Counsel.

The response reiterated NOAA’s position that they cannot “suspend the implementation of the cod, haddock, and yellowtail flounder catch limits for the 2013 fishing year” arguing that such a decision would be inconsistent with their responsibilities under Magnuson-Stevens Act.

Many legal observers, Members of Congress and elected officials disagree with that interpretation. Saving Seafood requested the legal opinion of the General Counsel under the Freedom of Information Act. The Department found 29 pages of written material constituting the advice, but refused to release any of them under 5 U.S.C. § 552(b)(5), which exempts from disclosure inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency. Saving Seafood continues to ask the agency to explain their legal rationale in the face of such widespread disagreement from numerous legislators and lawyers with qualifications to comment.

This week, Massachusetts Attorney General Martha Coakley asked Massachusetts Governor Deval Patrick to request that President Obama “ask” the National Oceanic and Atmospheric Administration to institute lesser catch reductions than are expected on Gulf of Maine cod and other stocks for the fishing year that begins May 1. Yesterday, Governor Patrick wrote to Acting Commerce Secretary Rebecca Blank asking that she approve and implement the request for interim measures submitted by the New England Fishery Management Council (NEMFC) to NOAA Fisheries in December to allow for a more gradual approach on Gulf of Maine cod and haddock.

NMFS Deputy Administrators response:

In anticipation of the low 2013 catch limits, Acting Secretary of Commerce Blank declared a fishery disaster in late summer of 20 12. While Congress has not provided disaster funding, this declaration does allow the Small Business Administration to provide low interest, long-term loans to affected parties. We have also committed to fully funding the regulatory required elements of at- sea monitoring for the upcoming fishing year.

We will continue to work creatively with the New England Fishery Management Council, and to engage fishing communities, as we work together to preserve both the fishery and the communities dependent on it.

See full response at: fishermensvoice.com.