Mayor Scott Lang of New Bedford, Massachusetts — the nation's highest revenue seaport — has written to Commerce Secretary Gary Locke regarding what he termed the "arbitrary and capricious decision" of the New England Fisheries Management Council to reduce the days-at-sea for the Atlantic Scallopers from 37 to 29, and to reduce the access area trips from 5 to 4.
The Mayor included a FOIA request "seeking communications between NOAA and all of the Council Members and all third parties that may have played a role" in the decision including outside groups and lobbyists.
The Mayor stated that "The SSC provides the best scientific data available when implementing a fisheries management plan. The New England Fisheries Management Council chose to completely ignore the data submitted by the SSC. The economic impact on the fishing families and fishing industry in New Bedford will be devastating if these new reductions are implemented. I do not believe that the scientific data regarding the state of the scallop fishery was considered appropriately, nor do I believe that any appropriate economic impact was considered by the Council."
Enclosed with his letter was a request, submitted under the Freedom of Information Act, "seeking communications between NOAA and all of the Council Members and all third parties that may have played a role" in the decision." He stated that he was submitting the FOIA request because of the "…abrupt and irregular manner in which the Council conducted its work.."
Mayor Lang is an attorney by profession and a former Superior Court prosecutor. His private sector experience includes sports and entertainment law, labor law, personal injury, catastrophic personal injury and workers’ compensation, state and federal labor and employment law and Civil Rights. In addition, he has represented employers and business entities on statutory issues.
The following individuals, staff and outside interest groups including lobbyists are to be covered by his FOIA request:
Secretary of Commerce Gary Locke
Under Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator; Dr. Jane Lubchenco
Acting Assistant Administrator of NOAA for Fisheries; Dr. James W. Balsiger
Regional Administrator of the Northeast Regional Office of the National Marine Fisheries Service; Pat Kurkul
Director and Deputy Director of the Northeast Fisheries Science Center; Dr. Nancy Thompson and Dr. Frank Almeida
Chairman of the New England Fisheries Management Council; John Pappalardo
Executive Committee of the New England Fisheries Management Council; John Pappalardo, Rip Cunningham, James Odlin, Dr. David Pierce, Terry Stockwell and Pat Kurkul
Members of the New England Fisheries Management Council; George Lapointe, Dr. W. Michael Sullivan, Paul Diodati, David G. Simpson, Doug Grout, Patricia Kurkul, Terry Stockwell, Mark Gibson, David E. Pierce, Mark Alexander, Cheri Patterson, George Darcy, Frank Blount, Rip Cunningham, James F. Fair, Jr., Michael P. Leary, Glen A. Libby. John W. Pappalardo, Mary Beth Nickell-Tooley, Rodney Avila, Dave Goethel, Sally McGee, James Dolin, Dave Preble, John Vince O'Shea, Joe Mimic, Dr. Marvin Moriarty, Ms. Deirdre Warner-Kramer, Bob Beai, Capt. Peter Decoma, Dr. James Geiger, Mr. Langdon Baronet.
Science and Statistical Committee of the New England Fisheries Management Council; Dr. John Annals, Dr. Steven Cardin, Dr. Victor Cresco, Dr. John Gates, Dr. Daniel Georgiana, Dr. John Hoenig, Dr. Les Kaufman, Dr. Jacob Kritzer, Mr. Jean-Jacques Maguire, Mr. Robert O'Boyle, Dr. Robert Robertson, Dr. Andrew Rosenberg, Dr. Michael Sissenwine and Dr. Patrick Sullivan
Plan Development Team(s) of the New England Fisheries Management Council; Groundfish PDT, Scallop PDT
Any persons affiliated with the Environmental Defense Fund
Any persons affiliated with the Pew Environment Group and related projects
Any persons affiliated with the Cape Cod Commercial Hook Fisherman's Association
Read the Mayor's letter and FOIA request.