September 12, 2023 — A Maine fishing group is asking a federal court to find that the process used to regulate fisheries is unconstitutional because it places to much power in the hands of un-elected officials.
A lawyer for the New England Fishermen’s Stewardship Association and Harpswell fisherman Jerry Leeman filed the lawsuit Sept. 8 in the U.S. District Court in Portland.
The fishermen’s group describes itself as an “alliance of commercial fishermen dedicated to educating the public about seafood resource management and protecting the future of local commercial fishing in New England. It aims to promote regional economic strength, ecosystem sustainability and American food security.”
The plaintiffs went to court in response to a National Marine Fisheries Council policy known as Framework Adjustment 65, which, among other things, sets annual catch limits for several groundfish species, including haddock, cod, white hake and yellowtail flounder.
“Most notably, it slashes the overall commercial catch limit for haddock by about 80%. The Council also chose to cut the white hake commercial catch limit by around 13% and install a 10-year Gulf of Maine cod rebuilding plan that will further restrict access to the cod fishery,” the lawsuit states.
The lawsuit contends that when Congress approved the creation of the Fisheries Council, it immunized Council members from meaningful control by the President, his Commerce Secretary and through them the American people.