A U.S. District Court judge has found the New England Fishery Management Council’s (NEFMC) member-appointment process violated the U.S. Constitution, marking a partial victory for the New England Fishermen’s Stewardship Association (NEFSA).
NEFSA challenged the constitutionality of U.S. fishery management councils in September 2023 in a lawsuit against the U.S. government and the National Marine Fisheries Service (NMFS). NEFSA claimed the appointment process for council members was unconstitutional and violated the Appointments Clause of the U.S. Constitution as it allowed undemocratically elected members of the council to make decisions.
“When I was a vessel captain, the New England Fishery Management Council controlled every facet of my business – from catch quotas to conservation measures,” NEFSA CEO Jerry Leeman said at the time. “Despite the significant power council members exercise, they are shielded from democratic control and political accountability. We live in a democracy, and our fishery is a public resource. The public needs to be able to participate in its management and care.”
The root of the lawsuit comes from Framework Adjustment 65 – a new 10-year cod rebuilding plan which also recently culminated in Framework Adjustment 69, which is a new management plan for cod and groundfish which fishermen protested, claiming it would torpedo the region’s fisheries.
In addition to big changes to cod, the NEFMC has also made huge cuts to ...
