Withdraw Unlawful Plan Forcing Fishermen to Pay for At-Sea Monitors – Cause of Action Institute

Cause of Action Institute (“CoA Institute”)  has submitted a regulatory comment to the New England Fishery Management Council (“NEFMC”) questioning the Council’s legal authority to move forward a controversial amendment that would force more fishermen to pay for costly at-sea monitors, which are the government’s responsibility.  CoA Institute advised the NEFMC to abandon the Omnibus Amendment, which would imperil an already hard-hit fishing industry by requiring certain fishermen to pay for monitors to police their at-sea activity.  The plan would also open more regional Atlantic fisheries to industry-funded monitors. “The Omnibus Amendment is unlawful and will make it virtually impossible for countless small-business fishermen to pursue their livelihood,” said Julie Smith, CoA Institute Vice President. “Many of these fishermen come from families that have fished American coastal waters for generations.  The federal government should not regulate them out of business. Congress has not authorized it and the economic consequences are too dire. If an agency lacks statutory authority or appropriated funds, it has no power to act. The New England Council should withdraw the Omnibus Amendment.” The cost for a monitor under the amendment is expected to range from $710 to $818 per day at sea.  That would exceed the revenue a fisherman typically lands from his daily catch. CoA Institute represents fishermen challenging another industry-funded monitoring program in the Northeast groundfish fishery.  In that case, a government study predicted that industry-funded monitoring would result in up to 60 percent of mostly small-scale vessels going out of business—a result that the government blithely characterized as a “restructuring” of the groundfish fleet.  Learn more about the case HERE 14:00

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