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>>
National Fisherman Live: 3/10/15
In this episode, Online Editor Leslie Taylor talks with Mike McLouglin, vice president of Dunlop Industrial and Protective Footwear.
National Fisherman Live: 2/24/15
In this episode:
March date set for disaster aid dispersal
Oregon LNG project could disrupt fishing
NOAA tweaks gear marking requirement
N.C. launches first commercial/recreational dock
Spiny lobster traps limits not well received
The Gulf of Maine Research Institute is partnering with restaurants throughout the region for an Out of the Blue promotion of cape shark, also known as dogfish. Starting Friday, July 3 and running until Sunday, July 12, cape shark will be available at each participating restaurant during the 10-day event. Cape shark is abundant and well deserving of a wider market.
As a joint Gulf of Mexico states seafood marketing effort sails into the sunset, the program’s Marketing Director has left for a job in the private seafood sector. Joanne McNeely Zaritsky, the former Marketing Director of the Gulf State Marketing Coalition, has joined St. Petersburg, FL based domestic seafood processor Captain’s Fine Foods as its new business development director to promote its USA shrimp product line.