April 18, 2019 — A panel of federal appellate judges has upheld a lower court’s decision that ruled on NOAA Fisheries’ method for assessing bycatch in New England fisheries.
The ruling, which was announced on Friday, 12 April, in the District of Columbia chambers of the U.S. Circuit Court of Appeals, allows NOAA Fisheries to use statistical sampling to determine the amount of bycatch. It stems from a 2011 court case where judges ruled the agency did not establish methodology standards to assess the number of other species caught and discarded when harvesting selected fish.
In both instances, environmental group Oceana pursued the lawsuit.
After that decision, NOAA Fisheries decided to utilize human observers on vessels. In most cases, the observers were trained biologists who reported on a vessel’s harvest. However, since it was too expensive to place an observer on every vessel, the agency created a statistical formula that allocated the observers in a fashion that reduced bias. This enabled NOAA Fisheries officials to build fishery-wide assessments based the observers’ findings.
Oceana filed the subsequent suit in July 2015 and argued that the sampling method implemented violated the Magnuson-Stevens Act. In addition, it claimed that observers were only counting the bycatch of species under management plans within the agency.