Written by Jen Finn
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>>
The following was released by the Maine Department of Marine Resources on Jan. 22:
The Maine Department of Marine Resources announced an emergency regulation that will support the continued rebuilding effort in Maine’s scallop fishery. The rule, effective January 23, 2016, will close the Muscle Ridge Area near South Thomaston and the Western Penobscot Bay Area.Read more...
Louisiana’s Department of Wildlife and Fisheries, which governs commercial and recreational fishing in the state, got a new boss in January. Charlie Melancon, a former member of the U.S. House of Representatives and state legislator, was appointed to the job by the state’s new governor, John Bel Edwards.
Although much of his non-political work in the past has centered on the state’s sugar cane industry, Melancon said he is confident that other experience, including working closely with fishermen when in Congress, has prepared him well for this new challenge.Read more...