The plaintiffs in the lawsuit filed by New Bedford, Gloucester and fishing industry members against NOAA with regard to implementation of Amendment 16 have filed a motion for discovery in which they ask for the opportunity to depose Dr. Lubchenco, her advisor Monica Medina, Northeast regional director Patricia Kurkul, NEFMC chair John Pappalardo and NEFMC member Sally McGee. In addition, they have asked that numerous additional documents be added to the record.
In the case of the City of New Bedford, et al. and Lovgren, et al. v.The Honorable Gary W. Locke, Secretary of Commerce, and Jane Lubchenco, Administrator of the National Oceanographic and Atmospheric Administration, the plaintiffs have filed a Motion for Discovery and Completion or Supplementation of the record and asked the court to allow the depositions of the following individuals:
(1) Jane Lubchenco, National Oceanic and Atmospheric Administration (“NOAA”) Administrator,
(2) Monica Medina, Special Advisor to the NOAA Administrator,
(3) Patricia Kurkul, Regional Administrator for the Northeast Regional Office of the NOAA Fisheries Office (“NMFS”),
(4) John Pappalardo, Chair of the New England Fisheries Management Council (“NEFMC”), and
(5) Sally McGee, member of the NEFMC.
In addition, the Plaintiffs seek to supplement or complete the Administrative Record by including the following documents:
(1) September 2010 Office of the Inspector General (“OIG”) Report, referencing NOAA’s use of a “flawed database,”
(2) Amendment 13, including landings and economic projections,
(3) December 2009 John Pappalardo letter regarding limitations on NEFMC process,
(4) September 28, 2010 Management Review Announcements,
(5) Agency documents regarding changes in Pollack allocation, including Federal Register listings and ACE Modifications,
(6) Common Pool Adjustments, including Federal Register listings and underlying Agency documents,
(7) All Amendment 16 post-implementation Agency documents regarding sector matters, including by-catch, observer, and dockside monitoring issues,
(8) February 2009 Presentation by Pomeroy and Pollnack to NEFMC regarding review of catch share policy,
(9) August 5, 2009 NOAA Report by Julie Olsen regarding literature review of fleet consolidation issues, incorporated into Amendment 15,
(10) September 20, 2010 Presentation by Jane Lubchenco at CIEM 2010 conference in Nantes, France, comparing catch shares to ITQ’s, including Power Point slides, notes and transcripts,
(11) NOAA Draft Catch Share Policy and public comments,
(12) July 23, 2009 Briefing by Monica Medina to NGO,
(13) All documents listed in Administrative Record withheld due to purported attorney client privilege,
(14) Any and all social economic analyses of the Amendment 16 plan and/or statements and opinions that said analyses were not required or necessary,
(15) Internal emails regarding drafting, review and implementation of Amendment 16,
(16) Internal draft decisional documents regarding Amendment 16 not already produced in the Administrative Record,
(17) NOAA Fisheries Guidance document pertaining to the compilation of administrative records, and
(18) Any and all documents regarding assessment of the NMFS dealer and VTR database and the database’s adequacy or inadequacy for determining individual vessel allocations.
In addition, the City of New Bedford has asked that the following documents be added to the record:
I. Zinser, Todd, “Review of NOAA Fisheries Enforcement Programs and Operations," January 21, 2010,
II. Transcript of Jane Lubchenco’s opening remarks made at the April 8, 2009 meeting of the NEFMC,
III. NOAA Press Release dated June 22, 2009, “NOAA Announces Catch Share Task Force Members,”
IV. Cape Cod Commercial Hook Fishermen’s Association Press Release, “National Marine Fisheries Service Announces Changes to Commercial Harvesting Levels for Atlantic Pollock,” dated June 16, 2010,
V. All files containing audio and/or video recordings of (a) NEFMC meetings and related workshops, presentations and conferences regarding catch shares, sectors, and Amendment 16, and (b) all presentations, workshops, and conferences regarding catch shares, sectors and Amendment 16 held, sponsored, or participated in by NOAA/NMFS staff, including but not limited to any such materials cited or linked by internet reference in the Administrative Record filed September 1, 2010.
See exhibit two, the NOAA Management Review Anncouncement.
See exhibit three, the powerpoint presentation about the goals and concerns of fishery stakeholders.
See exhibit four, the report of Dr. Julia Olson.