Lawsuit claims expensive Biden rule endangers Louisiana shrimpers’ livelihoods
Shrimpers Take Legal Action Against Biden Administration Over Threatening New Rule
The Louisiana Shrimp Association (LSA) has announced that it is suing the Biden administration over a costly new regulation that poses a significant risk to the livelihoods of Louisiana fishermen.
In partnership with the conservative Pelican Institute, the LSA is challenging a requirement by the National Marine Fisheries Service (NMFS) that mandates the use of Turtle Excluder Devices (TED) on skimmer trawl vessels measuring 40 feet or longer. These devices are designed to help sea turtles escape if they become trapped in shrimpers’ nets.
James Baehr, the founder of the Pelican Institute, expressed his concerns about the rule, stating, “The bureaucrats who instituted this rule ignored the economic devastation it will cause to shrimpers. This unnecessary and unconstitutional rule is a direct attack on Louisiana livelihoods and culture.”
The lawsuit argues that the new rule imposes a costly update to shrimpers’ boats, despite data suggesting that it is unnecessary. It also claims that the NMFS ignored evidence showing the minimal environmental threat to inshore turtles, as only two documented interactions with sea turtles have occurred in the past 55 years, and neither turtle was harmed.
In addition to these arguments, the LSA filing accuses the Biden administration of violating regulatory protocol during the implementation of the rule.
“Defendants have violated the Administrative Procedures Act (APA) by failing to provide evidence of the need for a new rule, refusing to consider relevant data supporting an exclusion zone for Louisiana’s inshore waters, and ignoring the significant industry reliance interests of the shrimpers,” the lawsuit states.
The NMFS issued the final rule requiring TEDs in 2019, but its implementation was delayed multiple times. The rule was initially postponed until April 1, 2021, to allow local shrimping shops to acquire and install the TEDs on shrimp boats. Due to the COVID-19 pandemic, the rule was further delayed until August 1, 2021, to accommodate travel and business restrictions.
Despite a request from the Louisiana Department of Fish and Wildlife to delay the rule again, the NMFS refused, resulting in negative consequences for the plaintiffs, according to the lawsuit.
An economic analysis conducted by the NMFS prior to the rule’s implementation revealed that many vessels were already facing financial difficulties, and the new regulation could lead to the discontinuation of operations for numerous part-time shrimpers.
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What potential economic and environmental impacts are shrimpers concerned about with the mandatory use of Turtle Excluder Devices, and were these concerns adequately considered when implementing the regulation
Impers’ equipment that many fishermen cannot afford. The LSA contends that the cost of installing and maintaining Turtle Excluder Devices is prohibitively expensive, with estimates ranging from $5,000 to $30,000 per vessel. This financial burden disproportionately affects small-scale shrimpers who operate on slim profit margins.
Furthermore, the LSA argues that the new regulation is unnecessary and redundant. Shrimpers already adhere to strict regulations and conservation measures to protect marine wildlife, including sea turtles. The industry has made significant progress in reducing sea turtle bycatch through voluntary efforts and improved practices. The LSA claims that the mandatory use of Turtle Excluder Devices is unwarranted and will not provide any additional benefits to sea turtles.
The lawsuit also raises concerns about the potential unintended consequences of the new rule. Shrimpers anticipate a decrease in their catch due to the reduced effectiveness of skimmer trawl vessels with Turtle Excluder Devices. This reduction in catch translates to lost income for fishermen and threatens the sustainability of the industry. The LSA argues that these economic and environmental impacts were not adequately considered when implementing the regulation.
Louisiana’s fishing industry is not only a crucial part of the state’s economy but also a vital cultural heritage. Shrimping has been a way of life for generations of Louisiana fishermen, and the new regulation puts their way of life at risk. The LSA asserts that the Biden administration’s decision to implement this rule without proper consultation with industry stakeholders is a violation of their rights and an attack on their livelihoods.
The lawsuit seeks to reverse the mandatory requirement for Turtle Excluder Devices on skimmer trawl vessels measuring 40 feet or longer. The LSA and the Pelican Institute are committed to advocating for the interests of shrimpers and preserving Louisiana’s unique fishing traditions. They urge the Biden administration to reconsider the rule and engage in meaningful dialogue with the industry to find alternative solutions that protect both sea turtles and the livelihoods of Louisiana shrimpers.
In a time when the fishing industry is already grappling with numerous challenges, such as the impacts of climate change and international competition, the burden of costly and unnecessary regulations further exacerbates the struggle for Louisiana shrimpers. It is imperative for the government to strike a balance between conservation efforts and supporting the economic sustainability of the fishing industry. Collaboration and dialogue between stakeholders are essential to finding effective and equitable solutions that protect both marine wildlife and the livelihoods of those who depend on the sea.
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