Saving Seafood

Federal judge orders more briefs in Goethel lawsuit

June 14, 2016 — The final judgment in New Hampshire fisherman David Goethel’s federal lawsuit over at-sea monitoring will be further delayed after the judge in the case requested additional briefs from both sides.

“In consideration of the parties’ cross motions for summary judgment and conducting the attending legal research, the court has identified points, authorities and (to some extent) arguments that were unfortunately not cited or raised by the parties’ legal memoranda,” U.S. District Court Judge Joseph N. Laplante wrote in his procedural order.

Prior to ordering the new briefs, Laplante, who sits in U.S. District Court in Concord, New Hampshire, held a June 9 conference call with attorneys to discuss “whether, and the extent to which, any delay caused by additional briefing would increase, extend or intensify any claimed economic hardship” from the federal mandate shifting the costs of at-sea monitoring to the industry.

“Counsel assured the court that neither party had objections or reservations in this regard with respect to additional briefing,” Laplante wrote in the order issued June 10. “The court therefore orders counsel to supplement their arguments in support of their summary judgment motions.”

Read the full story at the Gloucester Daily Times

No ruling yet in at-sea monitoring lawsuit

May 17, 2016 — There still has been no decision in the federal lawsuit brought by New Hampshire fisherman David Goethel and his Northeast Fishing Sector 13 to bar NOAA Fisheries from making permit holders pay for at-sea monitoring.

The last significant acts of the case, which was filed Dec. 9 in U.S. District Court in Concord, New Hampshire, occurred in early March, when both sides filed motions for summary judgment with U.S. District Court Judge Joseph Laplante.

Laplante took those motions for summary judgment under advisement. Then, except for a few incidents of legal housekeeping, there has been nothing but judicial silence.

Neither side in the dispute agreed to speak on the record Monday regarding the extensive delay or what it could mean to the case’s ultimate outcome.

“We believe that the hearing went well,” Alfred Lechner Jr., president and chief executive officer of Cause of Action Institute — which is providing legal guidance to Goethel in the case — said in a statement. “Our clients were provided the opportunity to tell their story and outline how these regulations impact their business and are making it difficult for fishermen in New England to earn a living. The judge listened to what they had to say.”

Read the full story at the Gloucester Times

Judge: Sanctioned slaughter of fish-eating birds broke law

March 31, 2016 — WASHINGTON — The U.S. Fish and Wildlife Service acted improperly when it allowed tens of thousands of migratory aquatic birds to be shot each year to protect farmed and sport fish populations, a federal judge has ruled.

The agency said it lacked resources for a “hard look” at either the long-range environmental effects of or possible alternatives to its decisions about double-crested cormorants, and that just isn’t a good reason, U.S. District Judge John D. Bates wrote.

Letting that stand could gut the National Environmental Protection Act, “since many an agency would frequently so argue,” wrote Bates, a federal judge in Washington.

He ruled Tuesday on a pair of orders that opponents say let people kill up to 160,000 double-crested cormorants each year to protect sport fish in 24 states east of the Mississippi River and farmed fish in 13 of those states.

Read the full story from the Associated Press at WFTV