
Originally Posted by
FullStrikeAngler
This letter is from Samuel D. Rauch Deputy Assistant Administrator for Regulatory Programs for NOAA to the NEFMC Council Chairman, Rip Cunnigham. Read it carefully as it looks like regardless of what happens at tomorrows meeting, NOAA is planning to crucify cod fisherman and close down the fishery. So much for due process.
From the NE site.......
"Mr. C.M. "Rip" Cunningham, Jr., Chairman
New England Fishery Management Council
50 Water Street, Mill 2
Newburyport, MA 01950
The final results of the 53"1 Stock Assessment Workshop were released on January 23, 2012. 1
As has ben widely discused, the final results confirm that Gulf of Maine (GOM) cod is
overfished and overfishing is occurring. In addition, the assessment results indicate that the
GOM cod stock cannot rebuild by 2014 even in the absence of all fishing mortality.
Given the final results from the GOM cod assessment, and particularly the fact that rebuilding
could under no circumstances be achieved within the current rebuilding timeframe, the Secretary
of Commerce has determined, pursuant to Section 304(e)(7)(B) of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), that the Northeast
Multispecies Fishery Management Plan (FMP) has not resulted in adequate progress toward
ending overfishing and rebuilding GOM cod. This lack of adequate progress was not due to any
failure on the part of the New England Fishery Management Council (Council) to take necessary
action to meet the requirements of the Magnuson-Stevens Act, nor was it due to any failure on
the part of fishery participants to act in compliance with applicable regulatory measures. Rather,
the lack of adequate progress is due to a new and significantly revised understanding of the
condition of the stock since the 2008 assessment was completed.
Now that the Council has been notified of this lack of progress in rebuilding GOM cod and
ending overfishing, the Council, pursuant to § 304(e)(3) of the Magnuson-Stevens Act, must
prepare and submit to the Secretary an action that will end overfishing immediately in the fishery
and revise the rebuilding program for GOM cod, consistent with the new stock assessment
information. Although Framework 47 was originally intended to implement annual catch limits
for GOM cod in fishing year 2012 consistent with the new stock assessment, it is our
understanding that, based on recent Executive Committee and Groundfish Committee meetings,
the Council does not intend to establish an annual catch limit for GOM cod in this framework.
Rather, Council members have expressed that they will likely request the Secretary to implement
an emergency or interim action to reduce rather than end overfishing and include additional
management measures to mitigate impacts of a reduced annual catch limit for the next fishing
year, while the Council develops revisions to the FMP in response to the new assessment. Such
a request, based on legal advice, appears to be consistent, within limits, with section 304(e)(6) of
the Magnuson-Stevens Act, which allows the Secretary to implement interim measures to reduce
but not end overfishing.
We understand that the Council plans to develop some recommendations for NOAA's National
Marine Fisheries Service during its February 1 groundfish discussion at the upcoming Council
meeting indicating preferences for 2012 fishing year GOM cod catch levels and management
measures for use in the emergency/interim action. We believe this will be very beneficial if we
decide to implement Secretarial emergency or interim measures for 2012. We are hopeful that
the Council will consider a wide array of management measures, including measures for the
recreational fishery.
Any emergency/interim action taken by the Secretary in response to the Council's anticipated
request must make a substantial reduction in overfishing and must, at a minimum, not further
deteriorate the condition of the stock. Additionally, any action under section 305(c) cannot
exceed one year in duration. Because GOM cod is already under a plan designed to prevent
overfishing, any temporary reprieve from addressing overfishing requirements immediately
while the Council revises its rebuilding program can only be justified for fishing year 2012.
Therefore, measures that would end overfishing on the GOM cod stock must be implemented
effective May 1, 2013. As provided in § 304(e)(3), the Council's revised GOM cod rebuilding program must be
implemented no later than two years following this notification. However, we hope that the
Council can develop a revised rebuilding plan for implementation at the beginning of fishing
year 2013 so that it will coincide with the measures to end overfishing at the same time. We will
work closely with you on the development of this rebuilding plan to achieve that goal and will
provide guidance on the appropriate rebuilding period.
As NMFS and the Council consider pursuing this unprecedented approach to addressing the
unique situation we are now in with GOM cod, we recognize there are many policy
determinations that must be addressed for the first time and that the Council will require
guidance from the agency. We appreciate your patience and collaboration as we move ahead
through the process to set appropriate measures for the coming years.
We recognize fully the importance of the GOM cod fishery to both stakeholders and the Council.
I believe the response from both the Council and the agency to date reflects the extraordinary
circumstances we find ourselves in, as well as the extraordinary steps all parties have undertaken
to try and find the optimal way forward. Much remains to be decided and done, but we stand
ready to continue these efforts moving forward and look forward to collaborating with the
Council to incorporate the new stock assessment advice into managing the GOM cod stock.
Given the evolving nature of both the agency and Council response, I
expect we or our staff will be in frequent contact in the months leading up to the May 1 start of the fishing year. I will be
attending the upcoming Council meeting along with many of my key staff working on this issue
and look forward to seeing you then. Should you have questions or concerns over this letter,
please contact George Darcy, Assistant Regional Administrator for Sustainable Fisheries at
978-281-9331. "