BOSTON, Mass. — September 5, 2012 — New Bedford’s fishing lawsuit against the federal government is being weighed by a three-judge panel after arguments today in federal appeals court.
The lawsuit, brought by the cities’ of New Bedford, Gloucester and fishing industry groups, was dismissed by by Judge Rya Zobel on all counts in June of 2011, and the decision to appeal led to this morning’s presentation at the First Circuit Court of Appeals.
James F. Kavanaugh Jr. and Stephen Ouellette argued the case for New Bedford and Gloucester fishing interests, while Peter Shelley, senior counsel for the Conservation Law Foundation, and Justice Department counsel Joan Pepin were among the lawyers presenting the case for the federal government.
Arguments hinge on the narrow legal definition of a fishing term associated with the so-called sector management system, and whether a referendum was required before the introduction of catch shares. Under the catch share system, fishermen form cooperatives to distribute their allotments of various species of groundfish among member boats.
Read the full story at the New Bedford Standard Times.