Legal action against Federal Government backed by largest New England port cities, Members of Congress.
Fund to be administered by New Bedford Harbor Development Commission.
NEW BEDFORD, MA June 9 – A national campaign has been launched to raise funds in support of a lawsuit filed against the federal government last month by New England's two largest fishing ports – New Bedford and Gloucester, Massachusetts – together with private fishing interests from Massachusetts, New Hampshire, New York, Connecticut, Rhode Island, and North Carolina.
The Port of New Bedford, through the city's Harbor Development Commission, will manage the American Seafood Defense Fund.
The suit challenges regulations that came into effect on May 1, 2010, and names the Administrator of NOAA and the Secretary of Commerce as defendants.
"Sector management", a version of NOAA's "catch share" national management initiative, has been implemented in New England, and is expected to impose annual costs of $17,000 to $27,000 per vessel — in a fishery where gross landings are only approximately $130,000 per vessel. These costs are predicted to force consolidation of the fleet to 1/3 to 1/6 its present size; from 600 active vessels (down from 1,400 in 1994) to as few as 100-200. This will affect not only boat owners and crew, but also the shore-side businesses that supply and service vessels, and create jobs in coastal communities.
Additionally, special interests exerted influence on the New England Fisheries Council during the development of the "sector" system resulting in preferential treatment being granted to two groups, a violation of the Magnuson-Stevens Act. To date, those expressing positive sentiments about the new policies are groups that received preferential treatment, federal government employees, organizations subsidized by environmental lobbies, and the environmental lobbies themselves.
The New England fishery consists of a number of interrelated stocks, including cod, haddock, pollock, redfish and flounder. It has been undergoing extensive rebuilding since 1994, and has substantially recovered.
Congressman Barney Frank (D-Mass.) has publicly stated his approval of the legal action, and his intention to file an amicus brief in support of the suit.
The Commonwealth of Massachusetts is considering joining the suit as well. Massachusetts Governor Deval Patrick has said he believes it would be a "good idea".
"The reason that we are attracting more and more plaintiffs, and the reason that we have the strong support of Congressman Frank and other lawmakers is because we are right on the merits," said New Bedford Mayor Scott Lang. The mayor continued, "This is an example of the government running afoul of the law and being doctrinaire, arbitrary, and in some cases punitive in their implementation of the Magnuson Act."
Gloucester Mayor Carolyn Kirk pointed out that "NOAA took a program developed in single-species fisheries and replicated it in the New England multi-species complex. That will put our ground fishery out of business." Mayor Kirk continued, "We're seeing wage cuts and job losses and we are asking the Court to intervene on behalf of fishermen."
Dr. Brian Rothschild, Dean Emeritus of the University of Massachusetts Dartmouth School for Marine Science and Technology noted "It is now clear to most observers that NOAA was derelict in implementing catch shares on May 1. The necessary scientific and economic analyses were not in place, and as a result, family income for many employed on vessels or in related businesses are being damaged."
Kristin Decas, executive director of the New Bedford Harbor Development Commission, who is spearheading the fundraising effort points out that "NOAA has failed to analyze the impacts these regulations will have on small businesses, fishing and coastal communities. And they did not consider ways to mitigate costs and the regulatory burden." Ms. Decas continued, "In the past decade, Federal regulations have driven many small fishermen out of business. We can't afford further consolidation of the industry."
Additional industry members are invited to join the suit, and can obtain details on how to become plaintiffs by contacting the lead attorneys.
Contributions may be sent to:
American Seafood Defense Fund
New Bedford Harbor Development Commission
PO Box 50899
New Bedford, MA 02745
In-person contributions will be accepted at the New Bedford Harbor Development Commission offices at 52 Fishermen's Wharf in the Wharfinger Building on the New Bedford Waterfront.
Contact:
Kristin Decas
New Bedford Port Director
508-961-3000
kristin.decas@newbedford-ma.gov
Attorneys:
Pamela F. Lafreniere
888 Purchase St., Suite 217
New Bedford, MA 02740
Tel: 508-979-5911
Fax: 508-993-3117
e-mail: pamelalafreniere@verizon.net
Stephen M. Ouellette
127 Eastern Ave., Suite 1
Gloucester, MA 01930
Tel: 978-281-7788
Fax: 978-281-4411
e-mail: stephen.ouellette@fishlaw.com