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Tag Archives: Court of Appeals

Appeals court says lawsuit over trawling can move forward

September 9, 2022 South Atlantic

A lawsuit challenging how North Carolina manages coastal fisheries can go to court, the state Court of Appeals ruled earlier this week. The three-judge appellate court unanimously affirmed Tuesday a Wake County trial judge’s 2021 ruling that denied the state’s request to dismiss the suit brought by the Coastal Conservation Association North Carolina, or CCA NC, and 86 individuals in 2020. Commercial fishermen by and large hope state Department of Justice lawyers choose to appeal to the higher court. North Carolina Fisheries Association Executive Director Glenn Skinner told Coastal Review in a telephone interview that the lawsuit could set a dangerous precedent for overregulation of industry in the state. >click to read< 09:29

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Lawsuit over fisheries observers to reach Court of Appeals in March

February 11, 2017 New England

A New England fishermen’s group suing the federal government over the cost of at-sea monitoring is scheduled to present oral arguments before the federal Court of Appeals in March. The government shifted the cost of paying for monitors to fishermen last year. A group led by New Hampshire fisherman David Goethel sued the government over the rule change. The fishermen lost in federal district court and appealed. Attorneys say the arguments are set to take place March 7. Monitors can cost hundreds of dollars per day. Fishermen argue it represents an illegal new cost burden they can’t shoulder in an era of tight quotas. The rules apply to fishermen of species such as cod and sole. link 11:16

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Court of Appeals rejects gillnet lawsuit – may go to Oregon Supreme Court.

March 19, 2015 Pacific

A lawsuit challenging changes to the lower Columbia River gillnet policy was rejected Wednesday morning by the Oregon Court of Appeals. Steve Fick, owner of Fishhawk Fisheries, and Salmon for All President Jim Wells sued the Oregon Department of Fish and Wildlife over the process of rule-making regarding a proposed gillnet policy. The policy, created by former Gov. John Kitzhaber in August 2012, orders that gillnetting be phased out on the Columbia River’s main stem. Read the rest here 10:54

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Ocean Resource Privatization

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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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