January 10, 2023 — The Massachusetts Lobstermen’s Association has ended its fight against a California aquarium that says people shouldn’t buy and eat lobster because of the risks the fishery poses on the endangered North Atlantic right whale.
A federal judge in the Northern District of California on Monday dismissed a class action lawsuit that four Bay State lobstermen filed last March against the Monterey Bay Aquarium after the two sides agreed to end the months-long dispute with prejudice.
Monterey Bay in September 2022 gave the American lobster a “red rating” on its Seafood Watch, recommending consumers to avoid the species caught by trap from the Gulf of Maine, Southern New England and Georges Bank stocks.
The action prompted the four lobstermen to file the suit months later, seeking $75,000 in damages for disparagement of their aquaculture product and interference with their proprietary rights.
“After lengthy discussions among the named individuals in the suit, they agreed to dismiss the Class Action Suit as a win in the California court is highly unlikely and extremely costly,” the MLA said in a statement to the Herald on Tuesday. “The laws in California would ultimately hold these individuals financially responsible for the defendant’s legal fees should they prevail.”
The aquarium had asserted that trapping lobsters had contributed to the depletion of the population of Northern Atlantic right whales, an endangered species at high risk of extinction. There are fewer than 340 such whales today, and the aquarium says entanglement in fishing gear is the leading cause of injury and death.