April 12, 2019 — Representing large net-fishing vessels in the Pacific Ocean, the American Tunaboat Association filed a lawsuit Wednesday claiming government fishery regulators left industry experts in the dark about a forthcoming biological opinion that could limit commercial tuna operations.
The complaint, filed by Baker Botts attorney Megan Berge in Washington, D.C., federal court, names as defendants Commerce Secretary Wilbur Ross, the National Oceanic and Atmospheric Association and the National Marine Fisheries Service, or NMFS.
According to the lawsuit, NMFS is preparing a biological opinion that could impose new permit requirements and limits on tuna fishery operations in the western and central Pacific Ocean, and the American Tunaboat Association says it was denied the ability to provide input during an informal phase of the assessment process.
The fishing advocacy group claims the NMFS violated the Administrative Procedure Act by not allowing it to review any drafts or provide first-hand, expert recommendations for the developing opinion that could directly impact its members.