Law

SALEM, MA (February 10, 2009) – Maybe, just maybe, what’s left of the commercial fishing industry on the North Shore will survive, thanks to a man in a black robe.

It looked dubious as recently as last month. While plenty of fishermen, politicians and scientists have been willing to challenge the National Marine Fisheries Service’s regulatory squeeze in recent years, none has had the authority to back up those challenges.

That all changed recently. U.S. District Judge Edward Harrington does have such authority, and has at least temporarily eliminated the current draconian restrictions on fishing with a blistering opinion that chastises the regulators for failing to abide by their own written obligations. Finally, there is someone who recognizes the rights of humans as well as fish, and has the legal muscle to do something about it.

Read The Salem News commentary in full

For additional SavingSeafood coverage, see this related story: Fishing chiefs grapple with mandate suspension

 

 

PORTSMOUTH, NH (February 10, 2009) — The region’s two-week-long descent into legal confusion and fishing frustration was extended indefinitely yesterday when a federal judge rejected the National Marine Fisheries Service’s plea that he step aside and cease interfering with its efforts at restoring the health of the fishery.

NMFS’ motion for a stay of U.S. District Judge Edward Harrington’s Jan. 26 order suspending the regulatory framework that has been in force for the past 16 months was denied by Harrington in Boston without comment.

Word of the ruling was announced by NMFS regional general counsel Gene Martin to the region’s fishing interests, who’ve gathered here for a three-day meeting of the New England Fishery Management Council, a broad-based body that advises NMFS and also makes policy.

Read the Gloucester Daily Times story in full

 

BOSTON, MA (February 10, 2009) — A federal judge has refused to reconsider his order suspending key New England fishing rules, leaving fishermen wondering which rules are in place.

Last month, U.S. District Judge Edward Harrington suspended the rules, called Framework 42, saying a key portion hadn’t been adequately analyzed.

Last week, NOAA Fisheries Service asked Harrington to reconsider his order. NOAA argued the decision had caused widespread confusion, lifted protections on vulnerable fish stocks and suspended a program that helped fishermen by allowing them to lease unused fishing days from other fishermen.

Read the Associated Press story in full

 

BOSTON, MA (February 4, 2009) – Federal fisheries regulators have urged a federal judge to reconsider his decision last week to suspend onerous rules that were put in place in the fall of 2006 on New England commercial fishermen.

U.S. District Court Judge Edward Harrington on Jan. 26 temporarily suspended the set of rules known in the industry as “Framework 42” for 60 days, saying regulators didn’t do enough analysis before issuing the rules.

Harrington was ruling on a lawsuit that had been filed by Massachusetts and New Hampshire officials. The suit alleged that Framework 42 unfairly penalized commercial fishermen from the two states by halving the days at sea per year for fishermen in inshore waters off the states’ coasts, limiting many to only 24 a year.

Read the Patriot Ledger story in full

 

GLOUCESTER, MA (February 4, 2009) – The National Marine Fisheries Service has urged a judge to stay his suspension of federal fishing regulations for the North Atlantic to prevent what the agency says would be a "substantial setback" in rebuilding stocks and "irreparable harm" suffered by the industry.

The states of Massachusetts and New Hampshire, which sued NMFS hoping to overturn the fishing regulations, did not respond immediately yesterday to NMFS’ appeal of last week’s ruling by U.S. District Court Judge Edward Harrington. The action added further tension to a disintegrating relationship among the regulators, the regulated fishermen and the states of their home ports.

Co-plaintiff New Hampshire yesterday celebrated the announcement that its U.S. Sen. Judd Gregg, a Republican, had been nominated by President Barack Obama to become the Secretary of Commerce, the parent agency of NMFS.

Read the Gloucester Daily Times story in full

 

NEW BEDFORD, MA (February 4, 2009) – Federal fishing regulators are challenging a federal court order that would temporarily suspend controversial fishing regulations on the grounds that the suspension would create chaos in the fishing industry and undermine efforts to end overfishing and rebuild depleted groundfish stocks, according to court documents.

 

The National Oceanic and Atmospheric Administration's Fisheries Service filed a motion Monday with the U.S. District Court of Massachusetts, requesting that Senior Judge Edward F. Harrington "alter or amend" the order's call to suspend fishing regulations, called Framework 42, while the agency reviews a regulatory guideline, known as the mixed-stock exception.

The agency did not object to the review, which must be completed by March 26.

Read the Standard-Times story in full

BOSTON, MA (January 30, 2009) – In the wake of US District Court Judge Edward Harrington’s ruling on 1/26/09, the Massachusetts Division of Marine Fisheries plans to meet with the National Marine Fisheries Service at the federal agency’s earliest convenience to discuss the court’s ruling and NMFS’s response to it.

DMF’s primary objectives are to ensure continuation of present fishing opportunities, reduce regulatory confusion, and craft fishery regulations that conserve fish stocks as well as fishing communities. While the Division continues to work with federal fisheries officials to provide the industry with clarity and predictability for the remainder of this federal fishing year, the agency urges fishermen to continue to fish conservatively while the 60-day suspension of Framework 42 is in effect. The Division will post important updates to its website, but we urge permit holders to communicate with federal officials to determine the status of federal regulations.

Read the official version of this update

 

GLOUCESTER, MA (February 2, 2009) – For two days last week, officials with the National Marine Fisheries Service — high on the list of the federal government's most collectively arrogant and unaccountable agencies — were apparently speechless after being knocked down by a federal judge's ruling against their heavy-handed fishing regulations and enforcement. U.S. District Court Judge Edward Harrington's ruling — which chastised NMFS for wrongfully dismissing any alternatives to its mandates that wrongly limit the entire fishery based on its weakest stock — indeed drew no initial response at all from this federal regulatory agency.

Could NMFS officials be so brazen as to ignore a ruling from a federal judge? No. On the third day, NMFS officials did something much worse. They issued a response that runs so contrary to the judge's ruling that it showed — very publicly this time — just how this regulatory gang views its overblown policing role.

Read the Gloucester Daily Times editorial in full

 

BOSTON, MA (February 03, 2009) — The federal government has asked a court to reconsider its order to suspend key fishing rules, saying the decision has caused massive uncertainty and disruption in fishing communities.

 

Last week, U.S. District Judge Edward Harrington said the government didn’t do an adequate analysis of a portion of the 2006 restrictions before enacting them. Fishermen have argued the rules were unfairly harsh.

Harrington suspended the rules, called Framework 42, and ordered a detailed review within 60 days.

Read the Associated Press story in full

NOAA's Fisheries Service is urging the U.S. District Court of Massachusetts to reconsider its order to temporarily suspend groundfishing restrictions. 

Read the NOAA's court documents and the Judge's order in full