Saving Seafood

Judge rules for government in monitoring suit

August 1, 2016 — A federal judge presiding over the lawsuit filed by New Hampshire fisherman David Goethel challenging the legality of NOAA Fisheries forcing groundfishermen to pay for at-sea monitoring has ruled in favor of the federal government.

U.S. District Court Judge Joseph N. Laplante issued his 31-page ruling Friday in Concord, N.H., granting summary judgment to the defendants in the lawsuit that was filed last December naming Commerce Secretary Penny Pritzker — whose department oversees the National Oceanic and Atmospheric Administration — as lead defendant.

“Ultimately, the voluminous administrative record demonstrates that (Amendment 16) — including the industry funding requirement — was the end product of a lengthy period of deliberation and public comment,” Laplante wrote in his conclusion.

Laplante went on to say that the mandated industry funding of at-sea monitoring is authorized by the Magnuson-Stevens Act that governs commercial fishing in U.S. waters and does not violate a variety of federal acts as claimed by the plaintiffs.

Read the full story at the Gloucester Daily Times

Fishermen vow to continue lawsuit about monitoring rules

June 27, 2016 — CONCORD, N.H. — Attorneys for fishermen who oppose a new cost imposed by regulators say they will continue with a federal lawsuit despite a recent concession by the federal government.

The lawsuit concerns the cost of at-sea fishing monitors, who are workers hired to collect data that inform catch quotas. The government shifted the cost of paying for monitors from itself to fishermen earlier this year.

The National Oceanic and Atmospheric Administration said recently that fishing trips on or after July 1 may be eligible for reimbursement of monitoring costs.

Read the full story from the Associated Press at the New Jersey Herald

Justice asks for details in fish monitoring suit

June 15, 2016 — The final judgment in New Hampshire fisherman David Goethel’s federal lawsuit against NOAA Fisheries concerning at-sea monitoring will be further delayed after the judge in the case requested additional briefs and memoranda from both sides.

“In consideration of the parties’ cross motions for summary judgment and conducting the attending legal research, the court has identified points, authorities and (to some extent) arguments that were unfortunately not cited or raised by the parties’ legal memoranda,” U.S. District Court Judge Joseph Laplante wrote in his procedural order.

Prior to ordering the supplemental filings, Laplante, who sits in U.S. District Court in Concord, New Hampshire, held a June 9 conference call with attorneys to discuss “whether, and the extent to which, any delay caused by additional briefing would increase, extend or intensify any claimed economic hardship” from the federal mandate shifting the costs of at-sea monitoring to the industry.

“Counsel assured the court that neither party had objections or reservations in this regard with respect to additional briefing,” Laplante wrote in the order issued June 10. “The court therefore orders counsel to supplement their arguments in support of their summary judgment motions.”

Read the full story at the Gloucester Daily Times

Federal judge orders more briefs in Goethel lawsuit

June 14, 2016 — The final judgment in New Hampshire fisherman David Goethel’s federal lawsuit over at-sea monitoring will be further delayed after the judge in the case requested additional briefs from both sides.

“In consideration of the parties’ cross motions for summary judgment and conducting the attending legal research, the court has identified points, authorities and (to some extent) arguments that were unfortunately not cited or raised by the parties’ legal memoranda,” U.S. District Court Judge Joseph N. Laplante wrote in his procedural order.

Prior to ordering the new briefs, Laplante, who sits in U.S. District Court in Concord, New Hampshire, held a June 9 conference call with attorneys to discuss “whether, and the extent to which, any delay caused by additional briefing would increase, extend or intensify any claimed economic hardship” from the federal mandate shifting the costs of at-sea monitoring to the industry.

“Counsel assured the court that neither party had objections or reservations in this regard with respect to additional briefing,” Laplante wrote in the order issued June 10. “The court therefore orders counsel to supplement their arguments in support of their summary judgment motions.”

Read the full story at the Gloucester Daily Times

No ruling yet in at-sea monitoring lawsuit

May 17, 2016 — There still has been no decision in the federal lawsuit brought by New Hampshire fisherman David Goethel and his Northeast Fishing Sector 13 to bar NOAA Fisheries from making permit holders pay for at-sea monitoring.

The last significant acts of the case, which was filed Dec. 9 in U.S. District Court in Concord, New Hampshire, occurred in early March, when both sides filed motions for summary judgment with U.S. District Court Judge Joseph Laplante.

Laplante took those motions for summary judgment under advisement. Then, except for a few incidents of legal housekeeping, there has been nothing but judicial silence.

Neither side in the dispute agreed to speak on the record Monday regarding the extensive delay or what it could mean to the case’s ultimate outcome.

“We believe that the hearing went well,” Alfred Lechner Jr., president and chief executive officer of Cause of Action Institute — which is providing legal guidance to Goethel in the case — said in a statement. “Our clients were provided the opportunity to tell their story and outline how these regulations impact their business and are making it difficult for fishermen in New England to earn a living. The judge listened to what they had to say.”

Read the full story at the Gloucester Times