Tag Archives: cause of action
Family Fishermen Challenge Illegal, Industry-Killing At-Sea Monitoring Rule from Department of Commerce
Cause of Action Institute (“CoA Institute”) today filed a lawsuit on behalf of a group of New Jersey family fishermen to block a new regulation that would force them to pay for third-party “at-sea monitors.” The industry-killing rule—which was designed by the New England Fishery Management Council and promulgated by the National Oceanic and Atmospheric Administration and U.S. Department of Commerce—will require certain boats in the Atlantic herring fishery to carry “at-sea monitors” and at their own cost. >click to read< 14:40
David Goethel – We have lost the case, but I have no intention of giving up the battle.
I wanted to express my heartfelt thanks to all the private citizens and members of fishing families who have called and emailed me about the recent Supreme Court decision. We have lost the case, but I have no intention of giving up the battle. Many of you have offered suggestions of how to proceed, and I will weigh them all carefully and take further action. In the meantime, I urge all of you, especially those not related to the fisheries, to pick up the phone and call either the Regional Office switchboard (978) 281-9250, or the switchboard at Silver Springs headquarters (301) 427-8000 and voice your displeasure with the current situation. I would also urge you all to contact your Federal Senators in your respective states and voice your frustration. Some members of Congress have tried to fix the problem but because it is regional, they are getting resistance from Senators outside New England. Since many of you come from all regions of the country your calls or emails would be particularly helpful. I wish to again, publicly thank Cause of Action. They have put tremendous time, money and expertise into this case. They are just as frustrated as all of you that no one would rule on the merits of our case. Finally, I want to remind everyone who reads this that citizens hold government accountable in a democracy. Sitting on the sidelines makes everyone assume you do not care. So please, pick up the phone or write that email, and let government know you are dissatisfied with this current outcome. Thank you, David Goethel 17:30
Gone fishin’: Court denies NH case – click here to read the op-ed
Fisherman David Goethel: Justices ruled on technicalities, not merits
The rejection by the Supreme Court is the third defeat suffered by Goethel and co-plaintiff South Dartmouth-based Northeast Fishing Sector XIII since they first sued NOAA Fisheries and other federal officials in December 2015 in U.S. District Court in New Hampshire.,,, “The Supreme Court was our last judicial hope to save the centuries-old New England industry,” Goethel said in a statement. Later, in an interview, Goethel let loose against what he said is the “stacked deck” of standing up to regulators, as well as his frustration with the justice system. click here to read the story 20:56
Cause of Action Digs In: Northeast Canyons and Seamounts Designation: Some Stakeholders Are More Equal Than Others
This week we review the procedural history of the Northeast Canyons and Seamounts Marine National Monument (“Atlantic Monument” or “Monument”) designation, which was made by President Obama on September 15, 2016 (“Proclamation”), and show that certain, privileged, non-governmental entities were granted access to detailed information on the forthcoming monument and allowed input into the designation, while other stakeholders—notably those with specific legal authority, such as Regional Fishery Councils—were denied input and access.,,, The following history, derived from the partial responses to CoA Institute’s FOIA requests and other publicly available documents, is illustrative: In March 2015, the Conservation Law Foundation (“CLF”) and Natural Resources Defense Council (“NRDC”),,, click here to read the story. Hang onto your Sou’wester. 17:53
Fisherman appeals case shifting monitor costs
New Hampshire fisherman David Goethel is looking to the federal appeals court to overturn a federal judge’s ruling that allows NOAA Fisheries to impose the cost of at-sea monitoring on Northeast groundfish permit holders. Goethel, represented by lawyers from the Cause of Action watchdog group, has filed an appeal with the First Circuit Court of Appeals in Boston, hoping to reverse U.S. District Court Judge Joseph Laplante’s July 29 ruling in Goethel’s lawsuit that granted summary judgment to the federal government. “NOAA lacks the authority to require industry funding for at-sea monitors. Its decision to do so violates federal statutes and the Constitution,” said Alfred Lechner Jr., president and chief executive officer of Cause of Action as well as a former federal judge. “Our clients had a legal right to their day in court at the time they filed suit. The decision holding otherwise is an error. An appeal from the decision of the district court has been filed.” Read the story here 08:13
Moving Forward: Fishermen await trial on NOAA monitors mandate
Local fisherman David Goethel said he hopes a court ruling comes soon to determine the legality of a new federal mandate, as he and other fishermen are fearful they will go under before the trial begins. Goethel said he may sell his fishing boat after this summer if the trial isn’t resolved by then. He filed the lawsuit causing the trial, challenging the National Oceanic and Atmospheric Administration’s plan to make fishermen pay for their own policing. He filed it in conjunction with a fishing sector based in Massachusetts. While Goethel said he might personally consider retirement this year, he still feels strongly about going forward with the trial to prevent a new precedent for the fishing industry. Read the article here 10:48
UPDATED: Fishermen denied request to stop at-sea monitor costs
A judge has denied a request from East Coast fishermen to stop the federal government’s plan to hand them the cost of at-sea monitoring. Fishermen of New England food species such as cod and haddock will have to start paying the cost of at-sea monitors March 1 under new rules. Monitors collect data to help determine future fishing quotas and can cost about $800 per day. The challenge was the subject of a hearing at U.S. District Court in Concord last week. Judge Joseph Laplante denied the request Wednesday, saying it’s barred under the law. Read the rest here 16:01
Don Cuddy – Fishermen fight back against government overreach
I attended the hearing with John Haran of Dartmouth, manager of Northeast Fisheries Sector XIII which includes 32 fishermen. Sector XIII is a plaintiff in the case along with New Hampshire commercial fisherman Dave Goethel. The all-day hearing concluded without a ruling. Federal District Judge Joseph Laplante will issue a decision in his own time after deliberating on a legal case with potential ramifications not only for the fishing industry but with respect to any government agency’s attempt to increase its own power. Steve Schwartz, an attorney with Cause of Action, a nonprofit based in Washington, D.C., that focuses on government overreach, represents the fishermen. He told the court that the scope of an agency’s power is determined exclusively by Congress and that NOAA lacks the statutory authority to require fishermen to pay for monitors. Read the op-ed here by Don Cuddy 07:33
Fishermen in court to protest at-sea monitoring cost shift
A group of East Coast fishermen who are challenging the federal government about the cost of at-sea monitoring is due for a hearing in court. New England fishermen will have to start paying the cost of at-sea monitors soon under new rules. Fishermen challenging the rules are due in U.S. District Court in Concord on Thursday for a hearing on their motion for an injunction. At-sea monitors collect data to help determine future fishing quotas. The monitors can cost about $800 per trip. A group of fishermen contends that the cost shift is illegal. One of the fishermen involved in the lawsuit is Hampton, New Hampshire-based David Goethel. He says many fishermen won’t be able to afford the added cost. Link 07:59
Press Release: The Center for Sustainable Fisheries fully supports Fishermen in lawsuit
Costs for at-sea monitors will force many fishermen out of business. The Center for Sustainable Fisheries fully supports the lawsuit filed in New Hampshire last week by Cause of Action. The Washington-based watchdog group, which focuses its attention on government overreach, is suing the federal government on behalf of our commercial fishermen in New England. The case is crystal clear. It stems from the high cost for at-sea monitors and the insistence, by NOAA’s intransigent National Marine Fisheries Service, that fishermen must now foot the bill for monitors because the agency has run out of money. Read the press release here 17:43
East Coast Fishermen File Lawsuit Over At-Sea Monitoring Mandate
WASHINGTON – Today, Cause of Action is announcing that its clients, David Goethel, owner and operator of F/V Ellen Diane, a 44-foot fishing trawler based in Hampton, N.H., and Northeast Fishery Sector 13, a nonprofit entity representing fishermen from Massachusetts to North Carolina, are suing the U.S. Department of Commerce over a program that would devastate the fishing industry along much of the eastern seaboard. Read the Press Release here 09:52
