In a letter sent today to Congressman Frank, Secretary Locke made the following points.

Secretary has the authority to issue emergency regulations due to economic factors

"Section 305(c)(1) of the Act grants the Secretary of Commerce the authority to "issue an emergency regulation or take interim measures to address an emergency or overfishing... "  Under the NOAA policy applying this authority, I may take economic factors into account in determining whether to promulgate an emergency rule so long as those factors are based on "recent, unforeseen events or recently discovered circumstances."  In addition, pursuant to the Act, any exercise of the authority must be based on the best scientific evidence available that indicates doing so will not undermine the conservation mandates of the Act and any action must give priority to conservation measures.  See NRDC v. Daley, 209 F.3d 747 (D.C. Cir. 2000).

Secretary Locke "is prepared" to issue emergecy regs to revise catch limits based on economic and scientific data

"I am prepared to issue an emergency regulation to revise catch limits whenever there is both sufficient economic and sound scientific data available to meet these requirements.  You have graciously offered to provide scientific and economic information that could support the exercise of the emergency rule authority in response to the current situation in New England.   Dr. Lubchenco and I look forward to receiving this information and continuing to work with the New England delegation to address this difficult problem"

Administration will work with Congress to pass Snowe-Frank bill on Canadian and United States transboundary stock management

"[W]e appreciate Senator Snowe's and your efforts to address Canadian and United States transboundary stock management.  The Department of Commerce recognizes, appreciates, and supports the intent of the proposed International Fisheries Agreement Clarification Act to treat the U.S./Canada Transboundary Resources Understanding (Understanding) in a similar fashion to international agreements under the Act for fishery management purposes.  We would welcome the opportunity to work with Congress to pass appropriate legislation this year.

NOAA will host a Fishery Science Workshop in January to involve fishermen in data collection

"[W]e share the view there is a need to increase the precision of stock assessments and for greater involvement of fishermen in collection of scientific information alongside National Marine Fisheries Service researchers through cooperative research projects.  To continue the progress on stock assessments, NOAA will host a national fishery science workshop in January 2011 to consider priorities and strategies needed to support full implementation of the Act requirements.  The national workshop will include regional sessions to consider stock assessment issues unique to individual Fishery Management Councils.  It will be organized with the assistance of the Councils and involve a cross-section of national scientific experts and regional stakeholders"

$15 million for more stock assessments and cooperative research

"[T]he Obama Administration is committed to improving strong stock assessment and cooperative research capabilities.  We will be sending a transfer request to Congress requesting reallocation of $15 million of prior year funds (that are no longer needed to complete the Decennial Census) for stock assessments and cooperative research projects nationwide.

The Secretary said that today's actions "combined with our increase in catch limits for pollock, funding for cooperative research and stock assessments, appointment of a Special Master to review enforcement cases, and increased transparency in the use of the Asset Forfeiture Fund illustrate our commitment to fishermen and coastal communities."

Secretary Locke concluded the letter by noting that as Governor of Washington state, he " saw firsthand the impact of decisions made in Washington, DC, on fishing communities.  As Secretary of Commerce, I am committed to doing everything I can to support sustainable fisheries now and into the future."

Read the letter from Secretary Locke to Congressman Frank