New England Catch Shares Ruled Legitimate by 1st US Circuit Court of Appeals

In a long-awaited decision, the 1st U.S. Circuit Court of Appeals has upheld a 2011 lower court ruling confirming the legality of the NE sector program.

Ruling on a suit brought by the ports of New Bedford and Gloucester, as well as fishermen and fishing groups, the justices determined that the NE sector program form of catch share complies with the Magnuson-Stevens Fishery Conservation and Management Act and the National Environmental Policy Act.

The court found that the National Marine Fisheries Service (NMFS) had adequately considered the impact of the program and taken the proper steps to accomplish its goals, including environmental conservation, increasing economic benefits and holding fishermen accountable for staying within catch limits.

The three judge panel noted that, rather than destroying smaller business, many believe the new rules provide better protection. The judges also said federal regulators installed the law properly. “The Secretary (of Commerce’s) judgments here were derived from the record, rational, and not based on any error of law,” the court wrote. Read the full opinion here.