{"id":263403,"date":"2023-06-22T19:24:01","date_gmt":"2023-06-22T17:24:01","guid":{"rendered":"https:\/\/climatescience.press\/?p=263403"},"modified":"2023-06-22T19:24:04","modified_gmt":"2023-06-22T17:24:04","slug":"maine-lobstermen-score-victory-against-noaa-fisheries","status":"publish","type":"post","link":"https:\/\/climatescience.press\/?p=263403","title":{"rendered":"Maine lobstermen score victory against NOAA Fisheries"},"content":{"rendered":"\n
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STONINGTON, MAINE – JULY 05: Lobstermen Jeremy Bennoth and Tyler Torrey unload the lobsters he and the boat captain caught in the Gulf of Maine at the Stonington Lobster Co-Op wharf on July 05, 2019 in Stonington, Maine. Reports indicate that since 1982 the temperatures in the Gulf have warmed about 2.3 degrees Fahrenheit and the warmer water has helped increase lobster populations. There is concern among scientists that if the higher in-shore water temperatures continue to slowly rise it may push lobsters farther offshore to deeper, cooler waters, or northward into the cooler Canadian waters which over time would disrupt the Maine lobster business. (Photo by Joe Raedle\/Getty Images)<\/figcaption><\/figure>\n\n\n\n

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From\u00a0CFACT<\/a><\/p>\n\n\n\n

By\u00a0Gabriella Hoffman<\/a>\u00a0<\/p>\n\n\n\n

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\u201cThe National Marine Fisheries Service licenses fisheries in federal waters. In doing so, the Service must comply with the Endangered Species Act (ESA). That Act requires the Service to prepare an \u201copinion,\u201d commonly known as a biological opinion, \u201cdetailing how the [fishery] affects\u201d any endangered or threatened species. 16 U.S.C. \u00a7 1536(b)(3)(A). Using \u201cthe best scientific and commercial data available,\u201d the Service\u2019s opinion must determine whether the federal fishery is \u201cnot likely\u201d to jeopardize the survival of a protected species. Id. \u00a7 1536(a)(2). In this case, we decide whether, in a biological opinion, the Service must, or even may, when faced with uncertainty, give the \u201cbenefit of the doubt\u201d to an endangered species by relying upon worst-case scenarios or pessimistic assumptions. We hold it may not. The ESA and the implementing regulations call for an empirical judgment about what is \u201clikely.\u201d The Service\u2019s role as an expert is undermined, not furthered, when it distorts that scientific judgment by indulging in worst-case scenarios and pessimistic assumptions to benefit a favored side.\u201d \u2014 Justice Ginsburg, D.C. Circuit Court of Appeals<\/a><\/p>\n\n\n\n

In Episode 368 of District of Conservation, Gabriella recaps POMA Business Conference and discusses Maine lobstermen successfully suing the Commerce Department and why BLM\u2019s Conservation Landscape and Health Rule isn\u2019t true conservation.<\/p>\n\n\n\n

SHOW NOTES<\/strong><\/p>\n\n\n\n

In Episode 368 of District of Conservation, Gabriella recaps POMA Business Conference and discusses Maine lobstermen successfully suing the Commerce Department and why BLM\u2019s Conservation Landscape and Health Rule isn\u2019t true conservation.<\/p>\n\n\n\n

SHOW NOTES<\/strong><\/p>\n\n\n\n

Substack: POMA Conference & Thank You for Helping the Housers<\/a><\/p>\n\n\n\n

Maine Lobstermen Association vs NMFS Ruling<\/a><\/p>\n\n\n\n

News on 6: PROFESSIONAL OUTDOOR MEDIA ASSOCIATION HOSTS ANNUAL BUSINESS CONFERENCE IN GREEN COUNTRY<\/a><\/p>\n\n\n\n

\u2060Portland Herald Press: Federal ruling in controversial whale lawsuit gives big win to Maine lobster industry\u2060<\/a><\/p>\n\n\n\n

Fox News: Maine lobstermen catch big court victory against Biden administration\u2019s \u2018egregious\u2019 regulations<\/a><\/p>\n\n\n\n

D.C. Circuit Court Decision \u2013 Ryan Maue Tweet<\/a><\/p>\n\n\n\n

Public Lands Rule Fact Sheet<\/a><\/p>\n\n\n\n

BLM: Conservation and Landscape Health<\/a><\/p>\n\n\n\n

Barrasso: Proposed BLM Rule Would be a Clear Violation of the Law<\/a><\/p>\n\n\n\n

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