January 3, 2024 — A federal court ruling has cast doubt on the legitimacy of the New England Fishery Management Council’s (NEFMC) member-appointment process, marking a partial victory for the New England Fishermen’s Stewardship Association (NEFSA). The U.S. District Court for the District of Maine found that the council’s appointment system violates the U.S. Constitution, a decision that aligns with NEFSA’s long-standing claims about undemocratic practices in fisheries management.
According to NEFSA’s press release, the court determined that the NEFMC’s unelected members wield significant power over fishermen in five states without sufficient oversight from elected officials or the President. “NEFSA is pleased that the court agreed there are constitutional problems with the council,” said NEFSA CEO Jerry Leeman. “But this is only a partial victory. The court rewrote the statute to salvage the regulations that are driving fishermen off the water and decimating our coastal communities. NEFSA is carefully considering an appeal.”
The NEFSA v. Raimondo lawsuit focused on the council’s role in imposing burdensome regulations, including Framework Adjustments 65 and 69, which implement long-term cod rebuilding plans. According to Seafood Source, these adjustments have drawn sharp criticism from fishermen, who argue that they threaten the viability of New England’s fisheries.