Fisherynation Featured Writer Dick Drachek – CLF NMFS AND LAWSUITS

June 1, 2013 ENGO, New England

Conservation Law Foundation has been suing NOAA since 1991. In 2001 during a speech to an audience in Phoenix concerning the cost/benefit of litigation in fishery management, entitled Ten Years ‘After The Fall’: Litigation and Groundfish Recovery in New England, Peter Shelley, senior attorney at CLF and a Pew Marine Fellow, refers to the National Marine Fisheries Service as “… A kind of bumbling adolescent” and CLF, the adult, had to step in with a lawsuit to straighten out and save the fishing industry and the agency from its adolescent ineptitudes. This paternalistic role became the paradigm for the Conservation Law Foundation’s behavior toward the Fishing industry and The National Marine Fisheries Service, which is evident in CLF’s current legal machinations.

But it wasn’t just about groundfish it was more about CLF gaining a seat at the bargaining table in terms of fishery management, it was also about, in Shelley’s words “…our suit was the first suit that tried to look at the Magnuson-Stevens Act itself and determine which statutory requirements in the Act actually had teeth.” continued

Conservation Law Foundation, Peter Shelley, Pew Marine Fellow, senior attorney at CLF

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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

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