Further invalidating the rule-making process was the influence of the National Oceanic and Atmospheric Ainistration on its regional legislating arm, the New England Fishery Management Council, attorneys Patrick Flanigan and Stephen Ouellette contended in oral arguments. And together, these bodies saw to it that those with power and influence came out winners.

Representing dozens of Atlantic Coast fishing interests, including the cities of Gloucester and New Bedford, as plaintiffs, Flanigan and Ouellette urged U.S. District Judge Rya Zobel to invalidate or reopen the regulatory Amendment 16 for modification.

The two-hour hearing ended with Zobel taking the motions under advisement, giving no hint when she might rule.

But she pondered out loud remanding the process for a stakeholders' referendum, as required for "limited access" fishery programs, like NOAA's catch share regimen, under the Magnuson-Stevens Act.

The sides disagreed whether that was what the government had created.

Read the complete story from The Gloucester Times.