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Panel hears debate on whether dead fish are pollutants

October 25, 2022 Mid Atlantic

A Fourth Circuit panel heard arguments Tuesday over whether dead fish dumped back into the water by shrimping boats counts as pollution under the Clean Water Act. “You never know what you’re going to pull up fishing,” attorney Brian David Schmalzbach of McGuireWoods, who argued on behalf of shrimp fisheries, told the three-judge panel.,, And, your honors, contrary to the briefing from the appellees, this is right down the middle of the barrel of the Clean Water Act,” said attorney James L. Conner of Calhoun Bhella & Sechrest, who represents the North Carolina Coastal Fisheries Reform Group, at Tuesday’s hearing. “Are you still arguing that putting live fish back in the water is a pollutant?” Conner began to respond but Rushing interjected with a follow-up question. “You’re not arguing that live fish are a biological material? Only dead fish are a biological material?” she asked. >click to read< 20:00

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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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