Troy D. Jackson 129Th Maine Legislature Sara Gideon President of the Senate Speaker of the House
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Troy D. Jackson 129th Maine Legislature Sara Gideon President of the Senate Speaker of the House April 27, 2020 The Honorable Wilbur Ross Secretary U.S. Department of Commerce 1401 Constitution Ave NW Washington, DC 20230 The Honorable Chris Oliver Assistant Administrator for Fisheries NOAA Fisheries 1315 East-West Highway Silver Spring, MD 20910 Dear Secretary Ross and Assistant Administrator Oliver: We write to express our deep concern over the impact of the recent decision by the U.S. District Court for the District of Columbia in the case Defenders of Wildlife v. Ross. As you know, the decision found that NOAA Fisheries violated the Endangered Species Act when it issued its 2014 Biological Opinion regarding the effect of the American lobster fishery on the North Atlantic right whale without an accompanying incidental take statement. Although the decision did not include an immediate injunction on lobster fishing, we anticipate irrevocable harm to the Maine lobster industry and the livelihoods of thousands of Mainers if this case progresses without decisive federal action. The value of landings from the Maine lobster industry in 2019 was over $485 million, and this generated approximately $1 billion in economic activity in the state. Not only would the men and women who fish for lobster be directly affected by a complete or rolling shut down of the fishery or by new gear requirements, but many others in our marine economy and related export businesses would also feel profound effects from a reduction in productivity in this important industry. As we implement the necessary measures to stop the spread of COVID-19, we can least afford the closing of another vital industry. The 2014 Biological Opinion recogniZed many factors affecting the health of the Atlantic right whale population, including ship strikes, entanglements with Canadian fishing gear, and changing atmospheric conditions. In fact, the 2014 Biological Opinion indicates that there was only one right whale entanglement with American lobster fishing gear between 2007 and 2011. With this evidence that Maine lobstermen are not the cause of the right whale mortalities described in the 2014 Biological Opinion and the recent judicial opinion, we are concerned and frustrated that the Maine lobster fishery continues to be targeted for dramatic new regulatory requirements when our fishery has already undertaken significant voluntary measures to decrease the amount of vertical line in the Gulf of Maine. Even a complete closure of the Maine lobster fishery would not have a meaningful effect on right whale mortalities. We understand that NOAA Fisheries is planning to complete a new biological opinion by July 31, 2020. We are hopeful that the new opinion recognizes both the history of self-regulation in the Maine lobster fishery and the minimal impact of our lobster gear on right whale entanglements. Thank you for your attention to this urgent matter. If we can provide additional information or additional assistance please do not hesitate to contact us. Sincerely, Sen. Troy Jackson Rep. Sara Gideon Sen. Dana Dow Senate President Speaker of the House Senate Minority Leader Sen. Nate Libby Rep. Matt Moonen Sen. Jeff Timberlake Senate Majority Leader House Majority Leader Senate Asst. Minority Leader Sen. Eloise Vitelli Rep. Ryan Fecteau Rep. Trey Stewart Senate Asst. Majority Leader House Asst. Majority Leader House Asst. Minority Leader Sen. Shenna Bellows Rep. Scott Cuddy Rep. Ann Matlack Sen. Brownie Carson Rep. Matthea Daughtry Rep. Chloe Maxmin Sen. Ned Claxton Rep. Diane M. Denk Rep. Dave McCrea Sen. Scott Cyrway Rep. Janice Dodge Rep. Joyce McCreight Sen. Susan Deschambault Rep. Donna Doore Rep. Genevieve McDonald Sen. James Dill Rep. Victoria Doudera Rep. Michele Meyer Sen. Brad Farrin Rep. Gary Drinkwater Rep. Steve Moriarty Sen. Robert Foley Rep. Michelle Dunphy Rep. Catherine Nadeau Sen. Geoff Gratwick Rep. Jeff Evangelos Rep. Kevin O’Connell Sen. Stacey Guerin Rep. Richard Farnsworth Rep. Margaret O'Neil Sen. Lisa Keim Rep. Billy Bob Rep. Sarah Pebworth Sen. Louie Luchini Faulkingham Rep. Bill Pluecker Sen. David Miramant Rep. Justin Fecteau Rep. Lois Reckitt Sen. Marianne Moore Rep. Victoria Foley Rep. Tina Riley Sen. Kimberley Rosen Rep. Steven Foster Rep. Tiffany Roberts Sen. Heather Sanborn Rep. Drew Gattine Rep. John Schneck Sen. Linda Sanborn Rep. Lori Gramlich Rep. Braden Sharpe Rep. Robert Alley Rep. Nicole Grohoski Rep. Bettyann Sheats Rep. Amy Arata Rep. James Handy Rep. Stephen Stanley Rep. Donna Bailey Rep. Jeff Hanley Rep. Paul Stearns Rep. Pinny Beebe-Center Rep. Thom Harnett Rep. Holly Stover Rep. Seth Berry Rep. Allison Hepler Rep. Mike Sylvester Rep. Lydia Blume Rep. Craig Hickman Rep. Rachel Talbot-Ross Rep. Heidi Brooks Rep. Daniel Hobbs Rep. Denise Tepler Rep. Mark Bryant Rep. Brian Hubbel Rep. Timothy Theriault Rep. Anne Carney Rep. Patty Hymanson Rep. Will Tuell Rep. Kristen Cloutier Rep. Henry Ingwersen Rep. Charlotte Warren Rep. Ben Collings Rep. Kathy Javner Rep. Bruce White Rep. Patrick Corey Rep. Denny Keschl Rep. Stanley Paige Zeigler Rep. Danny Costain Rep. Scott Landry Rep. Ed Crockett Rep. Danny Martin .