Saving Seafood

  • Home
  • News
    • Alerts
    • Conservation & Environment
    • Council Actions
    • Economic Impact
    • Enforcement
    • International & Trade
    • Law
    • Management & Regulation
    • Regulations
    • Nutrition
    • Opinion
    • Other News
    • Safety
    • Science
    • State and Local
  • News by Region
    • New England
    • Mid-Atlantic
    • South Atlantic
    • Gulf of Mexico
    • Pacific
    • North Pacific
    • Western Pacific
  • About
    • Contact Us
    • Fishing Terms Glossary

Opinion on The Maine Lobstermen Decision and Recent Federal Fisheries Actions

September 8, 2026 — The following opinion was published by Samuel Blatchley:

Three years ago the D.C. Circuit told the National Marine Fisheries Service it could not build a biological opinion on worst-case assumptions. Last week the agency wrote that principle into its own priorities.

In Maine Lobstermen’s Ass’n v. National Marine Fisheries Service, 70 F.4th 582 (D.C. Cir. 2023), the court held that the Service may not, when faced with uncertainty, give the benefit of the doubt to an endangered species by relying on worst-case scenarios or pessimistic assumptions. The ESA calls for an empirical judgment about what is likely. The effects of an action are those reasonably certain to occur, found on clear and substantial information. Projections the agency itself concedes are very likely wrong do not meet that standard. The court reversed, directed judgment for the lobstermen, and ordered the biological opinion vacated as applied to the lobster and Jonah crab fisheries. I was on the case for the Massachusetts Lobstermen’s Association, alongside the Maine Lobstermen’s Association, the State of Maine, and Lodge 207. Our clients were facing regulations that would have taken jobs and boats out of the water.

Two things happened last week that build on it.

On September 1 the House passed H.R. 9436, the Northeast Lobsterman Protection Act, 219 to 196, extending the current regulatory pause for the lobster and Jonah crab fisheries from 2028 to 2035. The Administration issued a statement strongly supporting passage. It now goes to the Senate.

On September 2 NOAA Fisheries issued its agency-level priorities. On the Northeast lobster fishery, the agency states it will not mandate ropeless gear, that any decision support tools or models used by the Take Reduction Team must be independently and empirically reviewed, and that any future Atlantic Large Whale Take Reduction Plan will rest on best available data rather than worst-case scenario modeling.

That last clause applies the principle the court enforced in 2023, and returns the agency to the position it had taken itself in 2019 before the biological opinion abandoned it.

Worth keeping the distinction clear. The bill would change a statute. The priorities document is a policy statement that amends nothing and can be withdrawn. What lasts is the record. The Take Reduction Team is building the file the next rule will stand on, and how its models get vetted will matter long after the announcement does.

Common sense science is not a slogan. It is what the statute already required, and what it took a court to enforce. The Senate should pass H.R. 9436, and the agency should be held to the standard it has now stated, so the next rule protects both the whale and the communities that fish alongside it.

#FisheriesLaw #Lobster #EndangeredSpeciesAct #RightWhale #AdministrativeLaw

Samuel P. Blatchley is a maritime, fisheries, and insurance attorney and Proctor in Admiralty at Eckland & Blando LLP, where he represents vessel owners, commercial fishermen, marine businesses, insurers, and industry organizations in complex litigation, regulatory matters, marine casualties, coverage disputes, and commercial disputes throughout the United States. His practice includes federal admiralty litigation, fisheries and environmental regulation, marine insurance, limitation of liability, vessel arrests and maritime liens, and matters involving NOAA Fisheries and other federal and state agencies. He has represented fishing-industry interests in significant state and federal litigation, including the D.C. Circuit challenge to NOAA Fisheries’ North Atlantic right whale regulations on behalf of the Massachusetts Lobstermen’s Association. Blatchley is admitted to practice in Massachusetts, Rhode Island, Maine, and New York and is a graduate of Tulane University Law School, where he earned a Maritime Law Certificate and served on the Tulane Maritime Law Journal.

Recent Headlines

  • Respected Recreational Fishing Blogger Blasts Deceitful Forage Fish Campaign
  • ALASKA: Haines fishermen say the salmon runs aren’t great this year, but the prices are
  • Health experts agree — eat more fish. The harder question: Wild-caught or farm-raised?
  • USDA announces nearly USD 20 million in catfish awards
  • Opinion on The Maine Lobstermen Decision and Recent Federal Fisheries Actions
  • ALASKA: Commercial red king crab fishery to open in Southeast Alaska for second year in a row
  • US research buoys are caught in currents of change
  • NOAA Fisheries issues several fishery disaster determinations

Most Popular Topics

Alaska Aquaculture ASMFC Atlantic States Marine Fisheries Commission BOEM California China Climate change Coronavirus COVID-19 Donald Trump groundfish Gulf of Maine Gulf of Mexico Hawaii IUU fishing Lobster Maine Massachusetts Mid-Atlantic National Marine Fisheries Service National Oceanic and Atmospheric Administration NEFMC New Bedford New England New England Fishery Management Council New Jersey New York NMFS NOAA NOAA Fisheries North Atlantic right whales North Carolina North Pacific offshore energy Offshore wind Pacific right whales Salmon South Atlantic Virginia Western Pacific Whales wind energy Wind Farms
Tweets by @savingseafood

Copyright © 2026 Saving Seafood · WordPress Web Design by Jessee Productions