National Fisherman

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

National Fisherman Live: 11/06/14

In this episode:

NOAA report touts 2013 landings, value increases
Panama fines GM salmon company Aquabounty
Gulf council passes Reef Fish Amendment 40
Maine elver quota cut by 2,000 pounds
Offshore mussel farm would be East Coast’s first

 

Inside the Industry

EAST SAND ISLAND, Oregon—Alexa Piggott is crawling through a dark, dusty, narrow tunnel on this 62-acre island at the mouth of the Columbia River. On the ground above her head sit thousands of seabirds. Piggott, a crew leader with Bird Research Northwest, is headed for an observation blind from which she'll be able to count them.
 
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NOAA and its fellow Natural Resource Damage Assessment trustees in the Deepwater Horizon oil spill have announced the signing of a formal Record of Decision to implement a gulf restoration plan. The 44 projects, totaling an estimated $627 million, will restore barrier islands, shorelines, dunes, underwater grasses and oyster beds.

Read more...

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