THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02108 (617) 727-2200 (617) 727-4765 TTY www.mass.gov/ago

November 21, 2014 Kim Damon-Randall Assistant Regional Administrator for Protected Resources NMFS Greater Atlantic Region 55 Great Republic Drive Gloucester, MA 01930

RE: NOAA-NMFS-2014-0127, Proposed Rule Request for Comments

Dear Administrator Damon-Randall:

In response to the Request For Comments to the Proposed Rule to amend the Atlantic Large Whale Take Reduction Plan Final Rule (“Final Rule”) issued by the National Marine Fisheries Service (“NMFS”) on June 27, 2014 (50 C.F.R. Part 229), I write once again in support of the changes originally proposed by the Massachusetts Division of Marine Fisheries (“Division”). As I wrote in my letters of September 2 and September 30, the Division seeks reasonable modifications to the Final Rule which maintain the intent of the regulations while providing more flexibility to the commercial fishing industry. These modifications are incorporated in this Proposed Rule.

I urge you to adopt the Proposed Rule that amends the start date and location of the Massachusetts Restricted Area as expeditiously as possible. The Final Rule’s January 1, 2015 effective date is quickly approaching and will have significant safety and economic implications for Massachusetts’ commercial lobstermen. Historically the holiday months of November through January yield relatively strong lobster landings and are a critical harvesting period for the industry, all while having comparatively low co-occurrence between whales and lobster vessels. Furthermore, the January 1 closure date is during a very unpredictable winter weather period. If left unchanged, fishermen will need to begin removing their traps immediately to ensure compliance by January 1st, or risk venturing out to sea under dangerous conditions to remove their equipment.

I look forward to working with the NMFS, the Division, the Legislature’s Coastal Caucus, the Massachusetts Congressional Delegation, members of the lobster industry and environmental stakeholders to address the safety and economic concerns of the industry while protecting the future and well-being of whale species. If you have further questions, please contact Alicia Pradas-Monne in our Policy and Government Division at (617) 963-2057. Thank you for your consideration.

Cordially,

Martha Coakley Massachusetts Attorney General

Cc: The Honorable Elizabeth Warren, U.S. Senator The Honorable Ed Markey, U.S. Senator The Honorable William Keating, U.S. Representative The Honorable John Tierney, U.S. Representative The Honorable Richard E. Neal, U.S. Representative The Honorable Jim McGovern, U.S. Representative The Honorable Niki Tsongas, U.S. Representative The Honorable Joseph P. Kennedy, III, U.S. Representative The Honorable Katherine Clark, U.S. Representative The Honorable Michael E. Capuano, U.S. Representative The Honorable Stephen F. Lynch, U.S. Representative Secretary Maeve Vallely Bartlett, EEA Commissioner Mary Griffin, DFG Director Paul Diodati, DMF Beth Casoni, Massachusetts Lobstermen’s Association Massachusetts Marine Fisheries Advisory Commission Massachusetts Legislative Coastal Caucus Assistant Administrator Eileen Sobeck, NOAA Fisheries Kate Swails, NMFS Northeast Regional Office