In a major setback for the fishing ports, United States District Court Judge Rya Zobel's decision, handed down on June 30, ruled in favor of the National Oceanic and Atmospheric Administration and against the industry. Arguments were heard in federal court in March with the outcome resting on the interpretation of the Magnuson-Stevens Act that governs federal fishing policy.

Among other things, the lawsuit claimed that Amendment 16 to Magnuson, which enacted catch shares, would privatize the fishery and consolidate it in the hands of big players. Many New Bedford groundfish vessels with insufficient fishing quota have been left idle since the new system was adopted in May of last year.

The suit was filed by both cites in conjunction with other plaintiffs from the fishing industry in Massachusetts and beyond. In the aftermath of the suit's dismissal, plaintiffs Lovegren et al, a group of groundfishermen from New York and New Jersey, filed what is known as a motion for reconsideration, essentially a request to the same judge to reconsider the verdict.

That motion was denied by Judge Zobel on Wednesday just as New Bedford Mayor Scott Lang and Gloucester Mayor Carolyn Kirk filed notice of their intent to appeal. This filing is a required preliminary step, after which there is a 60-day window in which to submit the appeal.

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