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New York Times
04-03-2025
- Business
- New York Times
Maine Lobster Industry Can Sue Seafood Watchdog for Defamation, Judge Rules
Maine's lobster industry can proceed with a defamation lawsuit that it brought against a seafood watchdog group, which had placed a do-not-buy designation on the crustaceans because of the dangers it said that the industry's fishing nets posed to an endangered whale species. A federal judge last month denied a motion to have the case dismissed, drawing an appeal on Thursday from the group Seafood Watch, a nonprofit run by the Monterey Bay Aquarium that publishes seafood sustainability ratings. It has been nearly two years since the Maine Lobstermen's Association and several other plaintiffs sued the nonprofit after it downgraded the sustainability rating for American lobsters caught off Maine from yellow to red in 2022. The nonprofit advised consumers to avoid those lobsters, saying that endangered North Atlantic right whales were at significant risk of becoming entangled in fishing gear. The fishermen blamed Seafood Watch in the lawsuit, filed in U.S. District Court in Maine, for damaging the reputation of the billion-dollar industry and prompting some of their customers to cancel contracts. 'Reputation and goodwill cannot be adequately replaced through awarding damages and this injury lingers as long as the 'red listing' does,' Judge John A. Woodcock Jr. wrote in the 137-page order denying the motion to dismiss the case. The fishermen applauded the judge's ruling in a statement, having argued in the lawsuit that the average price per pound of lobster dropped by 40 percent after Seafood Watch changed its sustainability rating. 'This ruling is a crucial step in holding the Monterey Bay Aquarium accountable for misleading statements that have unfairly targeted our industry,' Patrice McCarron, executive director of the Maine Lobstermen's Association, said in a statement. 'Maine lobstermen have been stewards of the ocean for generations, and we are committed to defending our livelihood against baseless claims.' In a statement mentioning that it was appealing the ruling, the Monterey Bay Aquarium said that the lawsuit should be dismissed under a Maine law that was intended to defend against frivolous lawsuits that stymie free speech. The National Oceanic and Atmospheric Administration Fisheries estimated that there are about 370 North Atlantic right whales remaining, making it one of the world's most endangered whale species. The number of new calves born in recent years has been below average, according to NOAA. The primary threats to the whales, which can weigh up to 140,000 pounds and measure up to 52 feet in length, are vessel strikes and fishing gear entanglements. At the time that Seafood Watch placed its do-not-buy designation on Maine lobsters, the nonprofit said that the red rating was based on 'significant risks of entanglement in pot, trap, and gillnet fisheries to the endangered North Atlantic right whale and the lack of timely, effective management necessary to mitigate entanglement risks and promote recovery of the species.' The fishermen who sued the nonprofit argued that Maine's lobster industry had taken steps to modify gear, and that Seafood Watch's rating was based on outdated and irrelevant data. Three days after the rating was announced, the governor of Maine and its congressional delegation sent a letter to the aquarium asking it to reverse the designation.
Yahoo
28-02-2025
- Business
- Yahoo
Maine lobstermen hauled smallest catch in 15 years
Feb. 28—Maine's commercial fishermen hauled in 86 million pounds of lobster in 2024 — the smallest catch in nearly 15 years, according to preliminary data released by the state Friday morning. But the value of fishery increased by $46.4 million to $528.4 million last year. And lobstermen earned an average $6.14 per pound, up from $4.97. It's the second highest price per pound of lobster in the history of Maine's fishery, runner up to the state's record year in 2021 ($6.71). For the last decade, the so-called dock prices have hovered around $4 per pound. Lobstermen put about 285,000 fewer traps in Maine waters last summer, which could have contributed to lower landings. And lobstermen are grappling with research that shows Maine's lobster population is on the decline. Surveys have indicated the population of young lobsters in the Gulf of Maine and Georges Banks areas declined by 39% in 2020 to 2022 compared to 2016 through 2018. Lobstermen and industry groups, however, believe the federal data is inaccurate and say it was collected over a small and abnormal timeframe that doesn't reflect the reality of population trends. Lobstermen previously said they were fishing less in 2023, and in turn hauling less, because of the rising costs of doing business. Patrice McCarron, executive director of the Maine Lobstermen's Association, said Friday that she chalks last year's drop up to "mother nature." She didn't think lobstermen fished less, like they did in 2023. "(In 2024), the fishery was more reflective of what the older lobstermen witnessed 15 years ago," she said, adding that this kind of fluctuation is normal in the fishery. Because of higher dock prices, Portland lobsterman Tom Werner said he didn't take any financial hits in 2024. He caught less lobster but made the same profit as 2023. "The business is always up and down," he said. Industry-wide, Maine fishermen hauled less fish, but the fisheries raked in $74.3 million more than 2023. Behind lobstering, the softshell clam fishery was the second-most valuable last year, with a 5.71 million pound haul and $15.5 million value. Meanwhile, the elver fishery, which had held the No. 2 spot since 2021, dropped to No. 5, with the catch's value decreasing by $7.31 million to a total of $12.2 million in 2024. Baby eels went for an average of $1,240 per pound last year, a decline of nearly 40% from $2,010 per pound in 2023. The 2024 landings were announced at the annual Maine Fishermen's Forum, which began in Rockport on Thursday. This story will be updated. Copy the Story Link
Yahoo
28-02-2025
- Business
- Yahoo
Maine lobstermen hauled smallest catch in 15 years
Feb. 28—Maine's commercial fishermen hauled in 86 million pounds of lobster in 2024 — the smallest catch in nearly 15 years, according to preliminary data released by the state Friday morning. But the value of fishery increased by $46.4 million to $528.4 million last year. And lobstermen earned an average $6.14 per pound, up from $4.97. It's the second highest price per pound of lobster in the history of Maine's fishery, runner up to the state's record year in 2021 ($6.71). For the last decade, the so-called dock prices have hovered around $4 per pound. Lobstermen put about 285,000 fewer traps in Maine waters last summer, which could have contributed to lower landings. And lobstermen are grappling with research that shows Maine's lobster population is on the decline. Surveys have indicated the population of young lobsters in the Gulf of Maine and Georges Banks areas declined by 39% in 2020 to 2022 compared to 2016 through 2018. Lobstermen and industry groups, however, believe the federal data is inaccurate and say it was collected over a small and abnormal timeframe that doesn't reflect the reality of population trends. Lobstermen previously said they were fishing less in 2023, and in turn hauling less, because of the rising costs of doing business. Patrice McCarron, executive director of the Maine Lobstermen's Association, said Friday that she chalks last year's drop up to "mother nature." She didn't think lobstermen fished less, like they did in 2023. "(In 2024), the fishery was more reflective of what the older lobstermen witnessed 15 years ago," she said, adding that this kind of fluctuation is normal in the fishery. Because of higher dock prices, Portland lobsterman Tom Werner said he didn't take any financial hits in 2024. He caught less lobster but made the same profit as 2023. "The business is always up and down," he said. Industry-wide, Maine fishermen hauled less fish, but the fisheries raked in $74.3 million more than 2023. Behind lobstering, the softshell clam fishery was the second-most valuable last year, with a 5.71 million pound haul and $15.5 million value. Meanwhile, the elver fishery, which had held the No. 2 spot since 2021, dropped to No. 5, with the catch's value decreasing by $7.31 million to a total of $12.2 million in 2024. Baby eels went for an average of $1,240 per pound last year, a decline of nearly 40% from $2,010 per pound in 2023. The 2024 landings were announced at the annual Maine Fishermen's Forum, which began in Rockport on Thursday. This story will be updated. Copy the Story Link
Yahoo
08-02-2025
- Business
- Yahoo
Judge allows Maine lobstermen's lawsuit over 'red listing' to advance
Feb. 7—After almost two years in limbo, a federal judge ruled Friday that Maine lobstering groups can move forward with a lawsuit accusing a California aquarium of defamation. The Maine Lobsterman's Association, the Maine Coast Fishermen's Association and three lobster businesses sued the Monterey Bay Aquarium Foundation in 2023 after the organization's Seafood Watch program put lobster on a "red list" of food consumers should avoid. The Monterey Bay Aquarium Foundation argued that it has a right to make its rating based on Maine's free speech laws. But U.S. District of Maine Judge John Woodcock ruled disagreed. "The injunctive relief requested does not seek to impose forward-looking restraints on public speech; rather, Plaintiffs merely seek the removal of statements determined to be defamatory," he wrote. Seafood Watch downgraded the rating of Maine's most valuable catch in 2022 to address industry impacts on the endangered North Atlantic right whale. Seafood Watch had originally designated the fishery as "yellow," "a good alternative" to the red list. Maine lobstermen have said that the red listing not only is false but also has caused significant economic harm to them and the Maine lobster brand. Companies like Whole Foods, Hello Fresh and Blue Apron subsequently pulled Gulf of Maine lobster from their menus, following in line with Seafood Watch's allegations. One plaintiff, Atwood Lobster, claims it lost a major purchaser due to the red listing. Bean Maine Lobster Inc., the Maine Lobstermen's Association and the Maine Coast Fishermen's Association each reported in the original filing losses in excess of $75,000. "Disregard for fact-driven analysis and its arbitrary treatment of data to suit its false narrative demonstrate the falsity of its claims that 'scientific data' shows that Maine lobster fishing practices threaten ... right whales," the plaintiffs wrote, according to the ruling. The Maine Lobstermen's Association wrote in a statement that the aquarium also has overlooked Maine lobstermen's care for marine life. "This ruling is a crucial step in holding the Monterey Bay Aquarium accountable for misleading statements that have unfairly targeted our industry," Patrice McCarron, executive director of the MLA, wrote Friday evening. "Maine lobstermen have been stewards of the ocean for generations, and we are committed to defending our livelihood against baseless claims." Woodcock wrote in his ruling that dismissing the suit before the courts determines the merits of the defamation claim and the resulting legal remedies. The Monterey Bay Aquarium has stood by its right to issue the advisory. The aquarium added information in later filings about the death of a North Atlantic right whale in early 2024, which was found entangled in Maine fishing gear. The National Oceanic and Atmospheric Administration determined it died from chronic entanglement caused by the Maine gear. "This fact demonstrates the truth of (the aquarium's) statements that lobster fishing practices threaten the North Atlantic right whale," the aquarium has contended, according to the ruling. Massachusetts lobstermen filed a similar suit shortly after the Seafood Watch advisory, making the same claims of economic harm and requesting $75,000 in damages. The U.S. Northern District Court of California, where the aquarium was asking the courts to transfer the Maine suit, dismissed the Massachusetts claim after the two sides came to an agreement. Massachusetts lobstermen had concluded that "a win in the California court is highly unlikely and extremely costly," the Maine Lobstermen's Association said at the time. The aquarium declined to comment on the ruling Friday night. It is still in the process of "reviewing it and assessing our next steps," a spokesperson said. This ruling only addresses the request for dismissal. But it might provide some insight into how the lawsuit could land. Woodcock writes that the Monterey Bay Aquarium Foundation has claimed the lobster advisory is based on "tentative scientific conclusions," but the watch list can easily be perceived as "conveying verifiable facts." "MBAF cannot have it both ways," Woodcock wrote. The case will now move on to discovery and proceedings, according to Kelley. Copy the Story Link
