Saving Seafood

Law

RODA gives 60-day notice on possible suit regarding Vineyard Wind project

October 19, 2021 — A consortium of commercial fishing industry stakeholders announced on Tuesday, 19 October, it intends to file a lawsuit against federal officials over their approval of the Vineyard Wind 1 offshore energy development project if the U.S. government fails to address violations the stakeholders allege were made in its approval process.

The law firm representing the Responsible Offshore Development Alliance (RODA) sent a 27-page letter Tuesday to six federal officials, as well as the CEO of Vineyard Wind, and attorneys general in three states, saying the group will file a lawsuit if federal officials do not make changes to the project that brings it into compliance with the Outer Continental Shelf Lands Act, the Clean Water Act, the Endangered Species Act, and other federal laws.

Read the full story at SeafoodSource

 

Judge’s rejection of lobstering ban draws praise of industry, ire of environmentalists

October 18, 2021 — Lobster industry advocates and environmental groups offered starkly different reactions Sunday to a judge’s decision blocking a federal ban on lobstering in a section of the Gulf of Maine designed to protect the endangered right whale.

The ruling, by U.S. District Judge Lance Walker, said federal regulators relied on “markedly thin” analysis that didn’t provide hard proof of the whales’ presence in the roughly thousand-square-mile area off the Maine coast. Advocates for the lobster industry had asked for a stay of the three-month ban, arguing there wasn’t evidence that the critically endangered whales actually frequent the area.

Environmental groups accused Walker of relying on his own analysis of data rather than that of scientists. Lobstering advocates, on the other hand, praised the judge for offering a lifeline to the $1.4 billion industry, which is critical to Maine’s economy.

Read the full story and listen to the audio at the Portland Press Herald

 

U.S. waterways plan draws lawsuit over species impacts

October 13, 2021 — A U.S. plan to expand the commercial use of navigable waterways increases risks to already imperiled species like the North Atlantic right whale, an environmental group claims in a lawsuit filed in Newport News, Virginia federal court on Tuesday.

The Center for Biological Diversity accuses the U.S. Maritime Administration, part of the Department of Transportation, of violating the Endangered Species Act (ESA) with its America’s Marine Highway program by failing to consult with the Fish and Wildlife Service and the National Marine Fisheries Service to ensure the program does not jeopardize species protected under the statute.

The Center for Biological Diversity says that many of the marine highways are located in critical habitats for ESA-listed species, including humpback whales and leatherback sea turtles.

Read the full story at Reuters

Judge tosses Subway “fake tuna” lawsuit

October 8, 2021 — A federal judge has dismissed a class-action lawsuit claiming Subway Restaurants’ tuna sandwiches and wraps did not contain any actual tuna.

The lawsuit was filed on 21 January, and subsequently gained national media attention when a New York Times report claimed its lab testing didn’t find evidence of tuna DNA in the company’s sandwiches. At the time, the company defended its tuna products, and DNA testing experts contacted by SeafoodSource confirmed that the tests used by The New York Times wouldn’t have been adequate to detect tuna DNA.

Read the full story at SeafoodSource

 

Maine Lobstering Union Files Suit for Emergency Relief Against NMFS

October 4, 2021 — The Maine Lobstering Union (MLU) became the latest from the lobster industry to file a federal lawsuit against the National Marine Fisheries Service (NMFS) due to the Atlantic Large Whale Take Reduction Plan Modifications announced on August 31.

The MLU filed a civil action in the United States District Court for the District of Maine, seeking emergency relief related to fishing ground closures that will come into effect due to the recent modifications. Fox Island Lobster Company of Vinalhaven and Frank Thompson, a sixth-generation fisherman, who together with his wife Jean, own and operate Fox Island; and the Damon Family Lobster Company of Stonington are also Plaintiffs on the case.

The Complaint names as Defendants the Secretary of the United States Department of Commerce, and the Assistant Administrator of the National Oceanic and Atmospheric Administration, and NMFS.

Read the full story at Seafood News

 

Oceana filing with USMCA demands US federal action on right whales

October 4, 2021 — Non-governmental organization Oceana announced on 4 October it has filed the first-ever Submission on Enforcement Matters against the U.S. government under the recent United States-Mexico-Canada Agreement (USMCA).

Signed in 2019, the USMCA is a free-trade agreement between the three countries that includes mechanisms such as the Commission for Environmental Cooperation (CEC). Under the new agreement, a person or organization can file a “Submission on Enforcement Matters” with the CEC if one of the three countries in the USMCA is not enforcing its environmental laws.

Read the full story at SeafoodSource

 

LOUISIANA: Judge’s order delays implementation of Turtle Exclusion Devices for vessels

September 29, 2021 — A US District Judge has granted a motion from the Department of Wildlife and Fisheries (LDWF) for a preliminary injunction on the federal Turtle Exclusion Devices for some vessels.

LDWF says the order delays implementation of the requirements of TEDs in skimmer vessels 40 feet in length or greater in Louisiana inshore waters until February 1, 2022. The motion for the injunction was granted on September 9, 2021.

LDWF says that on December 20, 2019, the Final Rule was published requiring skimmer vessels 40 feet in length or greater to have an approved TED installed by April 1, 2021. In March 2021, NOAA delayed implementation of the Rule to August 1, 2021 due to a lack of outreach and availability of TEDs caused by the COVID-19 pandemic.

In April 2021, NOAA released an Advance Notice of Proposed Rulemaking to require TEDs on all skimmer vessels, regardless of vessel length.

Read the full story at KATC

 

Lobster Lawsuit: Maine org sues feds over right whale rules

September 28, 2021 — On Monday, Sept. 21, the Maine Lobstermen’s Association filed a lawsuit challenging NMFS’ new rule for Northeast lobster and Jonah crab fisheries.

The rule, filed on Aug. 31, is a modification of the Atlantic Large Whale Take Reduction Plan and is supposed to reduce the risk of entanglements to North Atlantic right whales in U.S. waters. The association says the modifications address only the perceived risk of Maine fisheries, which have no documented right whale interactions.

The lawsuit, filed against NMFS and the Secretary of Commerce in U.S. District Court for the District of Columbia, argues that “the federal government’s draconian and fundamentally flawed 10‐year whale protection plan… will all but eliminate the Maine lobster fishery yet still fail to save endangered right whales.” The result would put both fishermen and whales in harm’s way, industry leaders have said.

Read the full story at National Fisherman

 

Maine Lobstermen’s Association Sues Feds Over Right Whale Protection Plan

September 28, 2021 — The Maine Lobstermen’s Association has filed suit against the federal government over its plan to protect endangered North Atlantic right whales from becoming entangled in lobster gear.

MLA executive director Patrice McCarron says a 10-year plan issued by the National Marine Fisheries Service this summer should be revised to reflect actions the industry has already taken.

“We are literally on a course to have our fishery erased, eliminated in ten years, because the plan’s not based upon the science. And the first phase of the plan has weaknesses, too, not based upon the best available science,” she says.

Read the full story at Maine Public

 

Maine governor to take side of fishing biz in whale lawsuit

September 28, 2021 — Maine’s governor is intervening in a federal lawsuit that concerns the future of right whale protections and lobster fishing off New England.

The lawsuit was filed by conservation group Center for Biological Diversity against the federal government and it makes the case that federal management of the lobster fishing industry violates federal law because it can harm the rare whales. The whales are vulnerable to lethal entanglement in fishing gear.

Read the full story from the Associated Press