A federal judge Thursday put a lawsuit challenging the Obama administration's New England groundfishery regulatory scheme on a tight schedule, and left the door open to an extraordinary request for discovery that could put top officials under oath to determine if the new system rooted in fishermen's catch shares was honorably chosen.
New Bedford Mayor Scott Lang said the unusual request for discovery in an administrative law case was essential to allow the plaintiffs to learn whether influence on the government by green groups with an anti-fishing agenda and a zealous faith in catch shares improperly helped shape the regulatory regimen.
"We don't believe they (the government officials) were honest," Lang said in an interview with the industry news Web site SavingSeafood.org. He has long-contended that Environmental Defense Fund played a pivotal role in the shaping of the re-engineered system.
NOAA administrator Jane Lubchenco was vice chairwoman of EDF when she was nominated by President Obama to take control of the oceans and fisheries. EDF also has a paid senior staffer, Sally McGee, on the New England Fishery Management Council, while the council's chairman, John Pappalardo, now heads an organization of Cape Cod fishermen and lobbyists closely allied with EDF and other green groups.
Lang said the best news of the day was the judge's willingness to consider the request for discovery that would allow deposing officials.
"The only win was that the judiciary has begun to look under the hood," said Lang. "They don't follow the law, and the judge is going to find that out."
Gloucester Mayor Carolyn Kirk said she was encouraged by the judge's effort to take a quick read on the impact of the regulatory system, which has brought consolidation and left many boats tied to the docks due to the small allocations.
"We emphasized the urgency of moving quickly," said Kirk. "Every day that goes by fishing families are being hurt.
(Judge Zobel) was tenacious," Kirk said. "She dogged the lawyers time and again."
Read the complete story from the Gloucester Times.