NOAA maintains they do not have the legal authority to approve the request.
WASHINGTON (Saving Seafood) April 23, 2013 — Massachusetts Governor Deval Patrick has written to Acting Commerce Secretary Rebecca Blank asking that she approve and implement the request for interim measures submitted by the New England Fishery Management Council (NEMFC) to NOAA Fisheries in December to allow for a more gradual approach on Gulf of Maine cod and haddock. NOAA has maintained under advice from their General Counsel that they do not have the legal authority under the Magnuson-Stevens Act to approve the NEFMC's request. Many legal observers, Members of Congress and elected officials disagree with that interpretation. Saving Seafood requested the legal opinion of the General Counsel under the Freedom of Information Act. The Department found 29 pages of written material comprising the lega advice, but refused to release any of them under 5 U.S.C. § 552(b)(5), which exempts from disclosure inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency.
Governor Patrick also wrote to House Budget Committee Chairman Paul Ryan and Senate Budget Committee Chairwoman Patty Murray asking that they include "long overdue" fisheries disaster aid in the final budget for fiscal year 2014.
GOV. PATRICK'S LETTER TO ACTING SECRETARY BLANK
The Honorable Rebecca Blank
Acting Secretary of Commerce
1401 Constitution Avenue, N.W.
Washington, DC 20230
Dear Acting Secretary Blank:
I urge you to work with and encourage the National Oceanic and Atmospheric Administration (NOAA) to take critical and balanced actions during this time of regional and national fishery crisis. As you are well aware, New England fishermen, as well as those in the Gulf Coast and Pacific Northwest, are facing near catastrophic economic conditions. Despite the Department of Commerce's emergency declaration last year, sufficient relief still has not been provided.
In your letter to me last September, you stated that you were deeply concerned about the potential impacts of the 2013 catch limits and that you would continue to work with NOAA, the New England Fisheries Management Council, and the fishing industry to explore all possible options to mitigate these impacts. While I continue to work with our Congressional partners to secure the emergency funding that our fishermen need and deserve, I ask that you honor this commitment and urge NOAA to take all actions at its disposal to provide immediate assistance in advance of the May 1st cuts.
Specifically, I ask that you approve and implement the request for interim measures submitted by the New England Fishery Management Council to NOAA fisheries in December to allow for a more gradual approach on Gulf of Maine cod and haddock that would maintain both the short and long term viability of our fishing industry. I agree with the New England Fishery Management Council that there is sufficient flexibility in the Magnuson-Stevens Fishery Conservation and Management Act to implement a second interim action on Gulf of Maine cod. Therefore, I do not believe a change of circumstances creating a new emergency situation is necessary for you to take this action. This is an ongoing emergency situation and should be treated as such. While ending overfishing is important, reducing overfishing for another year is a far better and more equitable alternative for our fishermen as they attempt to adjust to this dire situation for which they are not at fault. Our Congressional delegation, Attorney General, and over sixty Massachusetts legislators agree that an interim measure is the most appropriate course of action at this time.
NOAA should also invest immediately in the safety and sustainability of our fishing fleet, provide job training for fishermen to help them adjust to changes in fishery management, provide support for sector operating and at-sea monitoring costs, and promote cooperative research focused on improving stock assessments and data collection systems. In addition, with the livelihood of our fishing communities at stake, I encourage NOAA to support much needed improvements in fisheries science. While we wait for Congress to act, NOAA can and should take these steps to alleviate the impact of this crisis.
Thank you in advance for working with NOAA to take immediate action on these targeted steps that will allow the groundfish fleet to survive and become more sustainable in the years ahead.
Sincerely,
DEVAL L. PATRICK
GOVERNOR
_______________________________________
GOV. PATRICK'S LETTER TO THE HOUSE AND SENATE BUDGET CHAIRS
The Honorable Paul Ryan
Chair, House Budget Committee
U.S. House of Representatives
Washington, D.C. 20515
The Honorable Patty Murray
Chair, Senate Budget Committee
U.S. Senate
Washington, D.C. 20510
Dear Chairman Ryan and Chairwoman Murray:
I am writing to request your leadership and assistance during a time of regional and national fishery crisis. It is well documented that in New England, the Gulf Coast and the Pacific Northwest, fishermen in numerous states are facing near catastrophic economic situations. Indeed, last September, the Department of Commerce issued a fishery resource disaster for the Northeast groundfish fishery, authorizing Congress to appropriate assistance for these communities in need. As you finalize the fiscal year 2014 budget, I ask that you include this crucial and overdue aid for our fishing communities.
Here in New England the resource disaster has already taken its toll on our fishing community. Now, although our fishermen have adhered to catch limits over the past few years, stocks are not rebuilding and they are bracing for even stepper cuts to be implemented on May 1st, which I have asked NOAA to reconsider. This is threatening not only the livelihoods of our commercial fleet, but the fabric of our fishing communities. In the historic Port of Gloucester, for example, our agencies continue to receive reports that fishing families are relying on food donations and are grappling with the stress of the current groundfish disaster. This is not just a regional issue. In addition to the impact on our fishing communities in the Northeast, this disaster is impacting communities and consumers throughout the nation.
The recently passed Senate 2014 budget resolution included an amendment that allows appropriations in the federal budget to provide this much needed disaster assistance to our fishing community in Massachusetts and across the region. This bipartisan amendment, which was sponsored by Senators Elizabeth Warren and Lisa Murkowski, passed by unanimous consent and is an important step toward providing the assistance our fishing industry both in Massachusetts and throughout the country needs and deserves.
As I continue to work with all stakeholders and federal partners to obtain more immediate financial assistance, I ask that you include this long overdue disaster aid in your final budget for fiscal year 2014. I hope you share my concern about the struggles of our fishing industry and the men and women who devote their lives to it. Including the disaster assistance in your budget will send a strong, bipartisan message of support to our fishing communities during this difficult economic time.
Sincerely,
DEVAL L. PATRICK
GOVERNOR
Read a PDF of Governor Patrick's letter to Acting Commerce Secretary Rebecca Blank here
Read a PDF of Governor Patrick's letter to the Chairs of the House and Senate Budget Committees here