Saving Seafood

Northeast midwater trawl exclusion zone won’t be enforced – for now

April 21, 2022 — The New England inshore waters are effectively open again for midwater trawling, after the National Marine Fisheries Service decided not to enforce the exclusion zone struck down by a federal court ruling.

In a terse email advisory Thursday, NMFS officials said a March 29 order by U.S. District Court Judge Leo Sorokin now means the restricted area regulations – a key feature of Amendment 8 to the Atlantic Herring Fishery Management Plan – means “the inshore midwater trawl restricted area regulations are not in effect and will not be enforced.

“NOAA Fisheries retains its opportunity to seek review of the court’s vacatur order, including to seek a stay of the court’s vacatur order pending appeal, and is considering its options,” according to the agency statement.

Read the full story at National Fisherman

 

Trawler critics aim to appeal court’s herring decision

April 6, 2022 — Gulf of Maine fishermen are looking to appeal a federal judge’s reversal of an exclusion zone that keeps herring mid-water trawlers 12 miles offshore.

The March 4 ruling by U.S. District Court Judge Leo Sorokin in Boston could reopen some Northeast waters to mid-water herring trawlers, reversing the 2019 rule change that shut them out of a broad swath of the nearshore Atlantic from Long Island to the Canadian border.

In November 2019 the National Marine Fisheries Service approved a measure by the New England Fishery Management Council to create an exclusion zone for mid-water trawling 12 miles offshore – with a bump out to 20 miles east of Cape Cod.

The Sustainable Fisheries Coalition, representing trawl operators, brought their appeal soon after to the federal court, arguing the New England council’s science advisors could not identify adverse impacts, and that trawling critics brought more influence to bear on the council and NMFS.

In his opinion Judge Sorokin wrote that the “localized depletion” concept put forth by those in opposition to the mid-water trawlers has not been adequately defined by NMFS, leading him to decide the exclusion zone decision violated National Standard 4 of the Magnuson-Steven Fishery Management and Conservation Act.

Read the full story at National Fisherman

Mid-water trawlers see win in challenge to Northeast herring exclusion zone

March 15, 2022 — A federal court ruling could reopen some Northeast waters to mid-water herring trawlers, after a 2019 rule change that shut them out of a broad swath of the nearshore Atlantic from Long Island to the Canadian border.

U.S. District Court Judge Leo Sorokin in Boston ruled Marcg 4 in favor of a lawsuit brought by the Sustainable Fisheries Coalition, a trade group representing companies that fish for herring and mackerel. In November 2019 NMFS approved a measure from the New England Fishery Management Council to create an exclusion zone for mid-water trawling 12 miles offshore – with a bump out to 20 miles east of Cape Cod.

It was a culmination of two decades of debate over the impact of mid-water trawling, and complaints from other fishermen that it caused “localized depletion” of forage fish, disrupting ecosystems and their seasonal access to groundfish, tuna and other species.

“The council recommended the midwater trawl restricted area to mitigate potential negative socioeconomic impacts on other user groups resulting from short duration, high-volume herring removals by midwater trawl vessels,” NMFS Northeast regional administrator Michael Pentony wrote in 2019 in a decision letter approving the New England council’s proposal.

But in his opinion Judge Sorokin wrote that the “localized depletion” concept has not been adequately defined by the agency. That led him to decide the exclusion zone decision violated National Standard 4 of the Magnuson-Steven Fishery Management and Conservation Act.

Read the full story at National Fisherman

Trial date set in case of clam espionage

November 7, 2018 — The federal trial between Gloucester-based National Fish and Seafood and the Florida-based seafood processing competitor it accuses of corporate espionage now is not expected to commence until at least midway through 2019.

U.S. District Court Judge Leo T. Sorokin on Monday set next July 22 as the opening trial date in the lawsuit between National Fish and competitor Tampa Bay Fisheries of Dover, Florida.

In the lawsuit, initially filed last July, National Fish accuses Tampa Bay Fisheries of hiring away Kathleen A. Scanlon, a 23-year employee at National Fish, and using her to help steal recipes, client information and other trade secrets on her way out the door from the Gloucester company.

The order by Sorokin, who sits in the U.S. District Court in Boston, also established the discovery schedule for the trial and set a status conference with attorneys from both sides for the afternoon of April 17.

If Sorokin’s trial date holds, the trial will begin almost exactly one year since the the intellectual property battle between the two seafood processing competitors burst into the public consciousness.

Read the full story at the Gloucester Daily Times