Maine lobster fishers celebrated a significant court victory on Friday, prevailing in their legal battle against the Biden administration over regulations they argued jeopardized their livelihoods. The Maine Lobstermen's Association (MLA) initiated the lawsuit last year, challenging the National Marine Fisheries Service (NMFS) over new rules designed to protect the endangered North Atlantic right whale. These regulations, which included operational restrictions and limitations on lobster trap rope, were projected to drastically reduce the number of deployable traps, potentially crippling family-owned businesses.
The NMFS defended its position, citing the Endangered Species Act's mandate to implement regulations based on worst-case scenarios, prioritizing the protection of endangered species. However, Judge Douglas Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit strongly criticized the government's rationale. He deemed their legal argument "egregiously wrong," highlighting its reliance on legislative history rather than the enacted law itself. Judge Ginsburg also pointed out the agency's apparent inconsistency, noting previous instances where they had rejected the use of worst-case scenarios in rulemaking.
Dustin Delano, formerly of the MLA and now chief operating officer of the New England Fishermen’s Stewardship Association (NEFSA), expressed relief at the court's decision. He characterized it as a much-needed boost for the fishing industry, which he believes has been burdened by excessive regulations. Delano emphasized the deep-rooted conservation ethic within the fishing community, asserting their commitment to the marine environment. While acknowledging the endangered status of the North Atlantic right whale, the MLA maintains that these whales are absent from Maine's coast, with no documented entanglements attributed to Maine lobstermen since 2004.
Delano criticized the NMFS for relying on assumptions and flawed data, suggesting they have yielded to pressure from environmental groups without adequately consulting the fishing community. He expressed hope that the recent ruling will alleviate some of the stress experienced by the industry, which has faced challenges including a difficult 2022 season and the looming threat of offshore wind development. Delano, who recently helped establish NEFSA to advocate for New England fishermen against burdensome federal regulations, praised the MLA's legal triumph and expressed his organization's desire to emulate their success. He emphasized the importance of preserving the fishing tradition and highlighted the need for a stronger voice in Washington, D.C. to represent the interests of New England fishermen.
