Saving Seafood

Fishermen lose challenge to rule requiring at-sea monitors

June 16, 2021 — A federal judge in Washington D.C. on Tuesday denied the bid of New Jersey-based herring fishermen who sued the National Marine Fisheries Service (NMFS) last year to block a new regulation that will require them to pay for third-party “at-sea monitors” who will survey by-catch.

U.S. District Judge Emmet Sullivan ruled that the agency had not acted in violation of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) when it approved in February 2020 the rule that the plaintiffs said could “destroy their iconic way of life” by cutting by 20% their profits from commercially fishing herring along the U.S. Atlantic coast.

About half-a-dozen small fishing vessel operators, including the Loper Bright Enterprise, brought the lawsuit last year.

Ryan Mulvey, an attorney for the plaintiffs with the Cause of Action Institute, an advocacy group favoring limited government, said he was disappointed with the decision. “The federal government has overextended its regulatory power far beyond what Congress authorized,” he said.

Read the full story at Reuters

US advocacy group takes aim at vessel monitor funding rules

April 3, 2019 — BOSTON — While most of the thousands of attendees to the Boston seafood show were there to buy and sell fish or otherwise drum up business for their companies, Ryan Mulvey was on a “fact-finding mission” of sorts.

Mulvey, an attorney, along with a team of others from the Cause of Action Institute, a Washington, D.C.-based advocacy group, spent the show speaking to fishermen about what it refers to as “overregulation” in the fishing industry. This can include issues such as requirements that fishermen bear the cost of having observers on board, the development of offshore wind farms curtailing fishing areas, cuts to quota and problems with the “reliability” of federally conducted stock assessments, he told Undercurrent News.

“We want to hear stories and we had a huge number of fishermen come up to us and tell us ‘Oh, we’re struggling so much. Every year we’re allowed to catch fewer and fewer fish and we’re making less and less money and new and heavier regulatory costs get imposed on us’,” Mulvey said.

The institute advocates for what he called “reasonable regulation that still preserves economic freedom” and has been active in litigating on behalf of fishermen suing the federal government in cases of “government overreach”, Mulvey said. It does this through legal action as well as by launching investigations through the aggressive use of public records laws like the Freedom of Information Act.

Read the full story at Undercurrent News