December 9, 2015 โ The following is an excerpt from a story published today in the Boston Globe. The plaintiffs in this lawsuit are David Goethel, who has been a fisherman for over 30 years and has served two terms on the New England Fishery Management Council, and Northeast Sector 13, a nonprofit organization comprised of 20 active groundfishermen who are permitted in Connecticut, Massachusetts, New York, North Carolina, Rhode Island and Virginia. They are represented in the lawsuit by Cause of Action, a government accountability organization committed to ensuring that decisions made by federal agencies are open, honest, and fair.
A group of fishermen in the region filed a lawsuit Wednesday against the National Oceanic and Atmospheric Administration in federal district court in Concord, N.H., arguing that the agency violated their rights by forcing them to pay for a controversial program that requires government-trained monitors on their vessels to observe their catch.
The fishermen, who in the coming weeks will be required to pay hundreds of dollars every time an observer accompanies them to sea, argue that the costs are too much to bear and will put many of them out of business.
Theyโre asking the court to prevent the regulations from taking effect when the federal dollars now subsidizing the program run out early next year.
โIโm extremely fearful that I wonโt be able to do what I love and provide for my family if Iโm forced to pay,โ said David Goethel, one of the plaintiffs, who for 30 years has been fishing for cod and other bottom-dwelling fish out of Hampton, N.H. โIโm doing this not only to protect myself, but to stand up for others out there like me whose livelihoods are in serious jeopardy.โ
The lawsuit alleges that, by forcing fishermen to pay for the monitors, regulators have violated their Constitutional rights and that their actions are โarbitrary, capricious, and an abuse of discretion.โ
It adds that agency officials are โacting in excess of any statutory authority granted by Congressโ and โimproperly infringing on Congressโs exclusive taxation authority.โ
As a result, the fishermen claim, the governmentโs authority to require the payments are โvoid and unenforceable.โ
Fishing officials acknowledge that requiring the fishermen to pay for the so-called โat-sea monitoringโ program will increase the hardship of fishermen who are already struggling with major cuts to their quotas. A federal report this year found that the costs could cause 59 percent of the regionโs groundfishing fleet to lose money.
But agency officials have said that NOAA no longer has the money to pay for the program, and that by law, the fishermen were supposed to start paying for the observers three years ago.
The government has defrayed the costs because of the industryโs financial turmoil, said John Bullard, the agencyโs regional administrator. In February, the agency told fishermen they would have to start paying later this year.
Bullard declined to comment on the lawsuit.
โNOAA Fisheries does not discuss ongoing litigation,โ he said. โIndependent of any litigation, we appreciate the challenge that paying for at-sea monitoring raises for fishermen.โ
He and others noted that the fishermen may end up paying less than they expect for the observer program.