September 27, 2006

US Department of Commerce
Honorable Carlos M. Gutierrez, Secretary
1401 Constitution Avenue, NW
Washington, DC 20230

Mr. Secretary:

I am writing today because I have received information suggesting that it is possible that you will soon receive from the National Marine Fisheries Service (NMFA), a request to issue an emergency rule relative to the Red Snapper Fishery in the Gulf of Mexico. Mr. Secretary, I respectfully request that you proceed with due caution and deliberation before issuing any such regulation.

Over the past ten years in Congress my offices have had to deal repeatedly with the agency in question, primarily regarding issues relative to the snapper fishery, as well as the by-catch of snapper. Many very harsh regulatory actions have occurred in that time, with very little interest being paid to the rights of American citizens, but with the strongest assurances that NMFS' actions were essential to protecting the Snapper stock.

Mr. Secretary, in all honesty, the mere fact that the agency is even contemplating an emergency rule is, in itself, evidence that this fishery has been seriously mismanaged, and that the agency in question currently has very limited credibility with regard to further rulemaking regarding this issue.

While there seems to be widespread agreement that current policy regarding size limits has negatively impacted snapper stock, as well as equally universal agreement that changes to these size restrictions make good sense, history would seem to suggest that such a change ought to be made by the Gulf of Mexico Fishery Management Council. Certainly, any regulation beyond the mere alteration of size limits; including TAC reduction, changes in bag limits or shortening seasons, ought to occur only after the Council has acted.

Congress set-up fishery management councils for very specific reasons, for NMFS to act in a fashion contrary to the will of the council (as I understand is currently being contemplated), is not merely to take action that is, at best, questionable; but it is to undermine the very system of fisheries management set-up by Congress.

Mr. Secretary, I ask you to leave this issue in the hands of the Gulf Council, which is set to meet in just a few weeks time. To preempt the council based upon the reasoning of the very people who are responsible for the current state of the fisheries, without extensive study and all due deliberation, will only lead to future activities as necessary to correct the ill effects of a poorly planned rule.

As a physician I am very familiar with the notion of "first, do no harm." Mr. Secretary, I ask that you do no further harm to the snapper stock by acting cautiously with regard to any proposed emergency rule.

Thank you for your consideration

Cordially,


Ron Paul, MC