US fishery management council’s structure is unconstitutional, court rules

September 26, 2024 Mid Atlantic, National, New England, North Pacific, Pacific, South Atlantic, Western Pacific

A divided federal appeals court on Wednesday stripped a regional fishery management council of its ability to block the U.S. Secretary of Commerce from taking actions to manage fisheries that the panel does not support, after finding the council’s members were unconstitutionally appointed. The Philadelphia-based 3rd U.S. Circuit Court of Appeals on 2-1 vote sided with two commercial fishermen who had sued after Mid-Atlantic Fishery Management Council amended a fishery-management plan to lower how much scup, summer flounder and black sea bass could be caught in their region. The fishermen, Raymond Lofstad and Gus Lovgren, challenged the constitutionality of the structure of the body, one of eight regional councils nationally tasked with developing fishery management plans, in their lawsuit. They are being represented by the libertarian Pacific Legal Foundation in their lawsuit. >>CLICK TO READ<< 11:05

commercial fishermen, commercial fishing, eight regional councils, Federal appeals court, Fishery Management Councils, Raymond Lofstad and Gus Lovgren, regional fishery management council, structure is unconstitutional, sued Mid-Atlantic Fishery Management Council, Two commercial fishermen, U.S. Circuit Judge Stephanos Bibas, U.S. Secretary of Commerce

Leave a ReplyCancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Ocean Resource Privatization

Articles Posted by Date
October 2024

M T W T F S S

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 22 23 24 25 26 27

28 29 30 31

« Sep

October 2024
M	T	W	T	F	S	S
	1	2	3	4	5	6
7	8	9	10	11	12	13
14	15	16	17	18	19	20
21	22	23	24	25	26	27
28	29	30	31

The New England groundfish debacle (Part III): who or what is at fault? Nils E. Stolpe/FishNet

It took me a while to decide how to most accurately describe the situation that has been visited upon the New England fishing communities that are and since colonial times have been dependent on the groundfish fisheries.

NILS STOLPE: The New England groundfish debacle (Part IV): Is cutting back harvest really the answer?

While it’s a fact that’s hardly ever acknowledged, the assumption in fisheries management is that if the population of a stock of fish isn’t at some arbitrary level, it’s because of too much fishing. Hence the term “overfished.” Hence the mandated knee jerk reaction of the fisheries managers to not enough fish; cut back on fishing. What of other factors? They don’t count. It’s all about fishing, because fishing is all that the managers can control; it’s their Maslow’s Hammer. When it comes to the oceans it seems as if it’s about all that the industry connected mega-foundations that support the anti-fishing ENGOs with hundreds of millions of dollars a year in “donations” are interested in controlling. Read the article here

Recent Posts
- Dismal B.C. herring season sparks renewed calls for moratorium
  
  Three days after setting his nets out in the Strait of Georgia between B.C.’s mainland and Vancouver Island, Josh Young headed back home to Pender Harbour. Read More »
- Northeast Cooperative Research Program Review
  
  The Northeast Fisheries Science Center initiated an independent review of its Northeast Cooperative Research Program in 2016. The final reviewer report, NEFSC response, and action plan Read More »
- Two missing fishermen found dead off the Maine coast
  
  The crew of another fishing boat recovered the bodies of two people, believed to have been crew members on the Hayley Ann, from the waters southeast Read More »
- Cousins Evan and Nick Densmore raised the masts of their 24-metre wooden schooner Katie Belle
  
  About 200 people gathered in Parrsboro, N.S., Saturday afternoon to celebrate the milestone of the mast raising on a schooner hand built by two cousins. Evan Read More »
- UPDATED! Louisiana shrimper missing for 6 days survived severe weather, found alive
  
  The United States Coast Guard says a shrimper who disappeared while trying to salvage his vessel has been found alive nearly a week later. Timothy “Blimp” Read More »
- A young black man and a white commercial boat owner made a deal to go fishin’ for tuition. It shouldn’t have worked.
  
  First day of a new job rarely is easy. First day of a job on a commercial fishing boat in southwest Alaska is soul-scorching. “I can Read More »
- Snow crab season still on ice, Fishermen remain hopeful of early opening
  
  Despite widespread interest in an early opening date, the president of the P.E.I. Snow Crab Association says weather and ice could dictate when snow crab fishermen Read More »
- California commercial salmon fishing season opens May 1
  
  heraldonline.com – SACRAMENTO, Calif. — May 1 marks the opening day of the California commercial salmon fishing season, which continues through October 15. “2013 is predicted Read More »
- For first time in 60 years, spring-run Chinook salmon reproduce in San Joaquin River
  
  As work to restore the San Joaquin River continues, scientists are seeing promising signs that salmon can thrive in the river as hatchery fish reach new Read More »
- Protesting the shrimp cuts to the inshore fleet – Time to start fighting, (Ret) Capt. Wilfred Bartlett
  
  From the letter: We lost our cod fishery because of stupidity but we kept on fishing capelin which is the main food supply of the cod Read More »
- NOAA At-sea monitoring suspended (for now) – To start again March 1, when boats must pay costs
  
  NOAA Fisheries exhausted its budgeted money for at-sea monitoring of Northeast fishing sector groundfish boats on Feb. 16 and has suspended all required monitoring until the Read More »
- Florida Commercial fishermen can apply for Hurricane Irma assistance
  
  Twenty-one months after Hurricane Irma, the funds are in place to begin restoring the losses of commercial fishermen in the Keys. The Florida Wildlife Commission has Read More »
- Green Party Leader Elizabeth May claims leaked documents show Department of Fisheries and Oceans used tax money to assist Northern Gateway Project
  
  The documents — in condensed form — were to be released at 10 a.m. today at a press conference with Oak Bay-Gordon Head Green MLA Andrew Read More »
- Alaska’s Commercial salmon harvest expected to be leaner this summer
  
  State biologists are forecasting a much leaner commercial salmon fishing season in Alaska this summer. Last year, fishermen caught 268 million salmon, according to the Alaska Read More »
- Council for Sustainable Fishing applauds proposed Magnuson-Stevens Act reforms offered by House Natural Resources Committee Chairman Hastings
  
  The legislation would, among other things, increase the time period for regional fishery management councils to end overfishing from 2 to 3 years, give the councils Read More »
- Support HR-200 – Chinook Salmon ‘Overfished’? Not So Fast, Say Fishermen
  
  For fishery regulators, it is official: The Sacramento River’s fall-run Chinook salmon are “overfished.”,,, “Are you kidding me? They aren’t overfished!” exclaimed Half Moon Bay commercial fisher Read More »
- Undercover sting operation off Sandwich nets alleged Striped Bass poachers
  
  On Sunday night a small fleet of four boats motored out into Cape Cod Bay. The 50-foot patrol boat Thomas Paine, two smaller patrol boats and Read More »
- Cushing captain to admit guilt in deaths of crew members
  
  Christopher A. Hutchinson, 30, is scheduled to enter guilty pleas to two counts of manslaughter at a hearing scheduled for Wednesday, Sept. 26. In exchange, the Read More »
- Herrera Beutler calls sea lion bill critical to preserving salmon habitat
  
  For Rep. Jaime Herrera Beutler, R-Battle Ground, the package marks her latest attempt in a series of incremental efforts aimed at boosting salmon runs without resorting Read More »
- Commercial horse seining on the Columbia River
  
  These days, the rotting pilings that sit in the middle of the Columbia River don’t seem like much at first glance. But they are the remnants Read More »
- DFO to conduct emergency review of new West Coast prawn fishery regulations
  
  “It’s hard to say if the review will accomplish anything, but I’m happy the issue is being taken seriously,” “So far, due to pressure from the Read More »
- Fishing vessel left to rot in Cornwall harbour at centre of debate
  
  A fishing boat that has used a Cornish harbour for more than 20 years and been left to rot was at the centre of a debate Read More »
- Lawsuit accuses Costco of selling shrimp fed by slave labor
  
  A lawsuit filed Wednesday, Aug. 19, 2015, in San Francisco accuses retail giant Costco of selling giant shrimp that was produced by slave labor in Thailand. Read More »
- New Jersey Seismic-testing debate continues amid NOAA/NMFS approvals
  
  A research project green-lighted to begin off the New Jersey coast this summer is the source of concern for legislators and environmentalists who see the project’s Read More »
- Fate of shrimp fishery will be decided soon
  
  Fishermen wondering whether there will be a shrimp season this winter won’t have long to wait for an answer. On Monday, Dec. 7, the Atlantic States Read More »