BOSTON – September 5, 2012 – Oral arguments in the appeal of the lawsuit filed by the Cities of New Bedford and Gloucester, and a number of East Coast fishing industry interests against Amendment 16, the framework for the federal government's fisheries catch share system, were heard by the U.S. Court of Appeals for the First Circuit in Boston today.
The plaintiffs allege that the National Oceanic and Atmospheric Administration ignored important procedural and substantive provisions of law enacted by Congress to protect traditional fishing communities and to shield small businesses from arbitrary acts by the agency.
Audio of the proceedings follows:
1 – James F. Kavanaugh, Jr., representing New Bedford, Gloucester, and the numerous named individual plaintiffs
2 – Stephen Ouellette, representing the American Alliance of Fishermen and their Communities, New Hampshire Commercial Fishermen's Association, Richard Grachek and David Aripotch
3 – Patrick Flanigan, representing James Lovgren
4 – Joan Pepin, representing the Federal Defendant-Appellees
5 – Peter Shelley, for the Conservation Law Foundation, an intervening defendant
6 – James F. Kavanaugh, Jr., closing statement
Media coverage:
ASSOCIATED PRESS: Massachusetts Fishing Ports' Appeal Against NOAA Regs Is Heard in Federal Court
NEW BEDFORD STANDARD-TIMES: Judges consider New Bedford & Gloucester appeal in fishing lawsuit
History of the case:
Judge Zobel Rules Against New Bedford and Gloucester on All Counts
Senator Kerry calls Zobel ruling "disappointing"; expresses hope it will be "appealed and reversed"
New Bedford and Gloucester to Appeal Judge Zobel's Ruling on Amendment 16
New Bedford, fishing interests appeal ruling in suit
New Bedford and Gloucester to Federal Court: The government has forfeited the presumption that it acted within the law