December 19, 2017 — The Trump administration scored last week when a House panel voted to give Gulf of Mexico states more power in managing the popular red snapper, but court records suggest it may be a tainted victory.

Internal memos show that Commerce Secretary Wilbur Ross and a top adviser may have knowingly violated federal fisheries law in June when they extended the Gulf red snapper season, hoping the move would pressure Congress to act.

In a June 1 memo, Earl Comstock, the Commerce Department’s director of policy and strategic planning, told Ross that a longer season “would result in overfishing” of the stock by as much as 40 percent and possibly prompt a lawsuit.

But Comstock urged Ross to extend the season anyway, saying it could lead to “a significant achievement” by forcing Congress to liberalize the federal law and transfer more authority to Gulf states.

“It would allow a reset in the acrimonious relationship and set the stage for Congress to adopt a long-term fix,” Comstock told Ross.

Comstock followed up with a second memo on June 7, reminding his boss that both the White House and a dozen congressmen from Gulf states had asked Ross to explore the possibility of a longer fishing season.

The next week, Ross decided to extend the season from three to 42 days, much to the joy of recreational anglers in Florida, Texas, Louisiana, Mississippi and Alabama (Greenwire, Sept. 20).

Critics say the memos offer proof that Commerce and NOAA Fisheries plotted to bypass the Magnuson-Stevens Fishery Conservation and Management Act, a 1976 law that sets quotas as a way to rebuild overfished stocks, including the red snapper.

“I appreciate it when people are transparent about their intentions,” said Janis Searles Jones, the CEO of Ocean Conservancy, a nonprofit environmental group.

Commerce made the memos public as part of its response to a lawsuit filed in July in U.S. District Court in Washington by Ocean Conservancy and the Environmental Defense Fund. The complaint accuses Ross, NOAA and NOAA Fisheries of mismanagement by allowing overfishing.

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