The legal document underpinning the decision of NOAA's regional administrator against easing the 77 percent cod limit cuts seen as a death knell for the industry starting May 1 will not be shared with the public, the agency has advised the Times.
According to NOAA officials, the office of NOAA General Counsel Lois Schiffer submitted a legal brief to Gloucester-based Northeast Regional Administrator John Bullard last month that gave the legal reasoning behind his decision against allowing the Northeast groundfishery, declared a disaster in September by the acting commerce secretary, to be allowed a second year of interim emergency relief from extreme cutbacks in Gulf of Maine cod.
The fierce legal dispute about the intent of Congress in rewriting the Magnuson-Stevens Act in 2006 arose in the aftermath of a ruling by the First U.S. Circuit Court of Appeals in November striking down an industry lawsuit against the catch share system that converted the groundfishery to a commodity market in 2010. The court reasoned that NOAA should be granted extreme deference in interpreting the intent of Congress, and the law. And the advisory opinion by NOAA's Schiffer to Bullard provided him with the legal reasoning against allowing a second year of interim limits.
But Ciaran Clayton, NOAA's director of communications, said the defining document that Bullard, a non-lawyer, relied upon, was not in the public domain.
Read the full story at Gloucester Times>>
National Fisherman Live: 9/9/14
In this episode:
Seafood Watch upgrades status of 21 fish species
Calif. bill attacking seafood mislabeling approved
Ballot item would protect Bristol Bay salmon
NOAA closes cod, yellowtail fishing areas
Pacific panel halves young bluefin harvest
National Fisherman Live: 8/26/14
In this episode, National Fisherman Publisher Jerry Fraser talks about his early days dragging for redfish on the Vandal.
More than a dozen higher education institutions and federal and local fishery management agencies and organizations in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands and Hawaii have signed a memorandum of understanding aimed at building the capacity of the U.S. Pacific Island territories to manage their fisheries and fishery-related resources.