Legal Battle Over Lobster Fishing and Free Speech
In Scarborough, Maine, a legal dispute is brewing over free speech rights related to the seafood industry. A federal appeals court is contemplating whether to allow a lawsuit filed by fishing businesses and trade groups against the Monterey Bay Aquarium in California to move forward. The lawsuit stems from the aquarium’s Seafood Watch conservation program, which added American and Canadian lobster to its “red list” of seafood to avoid in 2022, citing concerns about the impact on rare whale species.
The 1st U.S. Circuit Court of Appeals in Boston is currently examining the merits of the case. During oral arguments on July 26, Judge Seth Aframe expressed skepticism about the lawsuit’s categorization as a defamation claim, noting its potential implications for First Amendment rights. “The more you broaden the class of people that fall within this, the more it feels like everybody can sue,” Aframe remarked.
The Seafood Watch program’s decision was influenced by the risk of entanglement in fishing gear for endangered species like the North Atlantic right whale. However, the lobster industry, primarily based in Maine, disputes this portrayal. Industry representatives argue that the report unfairly singles them out and causes economic harm by suggesting they are a significant threat to whales. They contend that other fisheries, including Canada’s snow crab industry, pose greater risks to these marine mammals.
Despite the judges’ remarks, Kevin Lipson, representing the plaintiffs, maintains that the lawsuit is justified. “Monterey Bay Aquarium in their Seafood Watch report didn’t disclose any of the countervailing evidence. In fact, they hid that evidence,” Lipson stated.
Seafood Watch is a widely referenced resource for evaluating seafood sustainability, influencing purchasing decisions in numerous restaurants and retail outlets. Following the red listing, several major retailers, such as Whole Foods, opted to stop selling Gulf of Maine lobster.
While the Monterey Bay Aquarium has not commented on the ongoing legal proceedings, their attorney, Amy Saharia, highlighted during the hearing that the Seafood Watch report did not specifically target any of the plaintiffs by name.
The legal battle continues as a lower federal court previously decided the case could proceed after the aquarium’s attempt to dismiss it was denied. Meanwhile, Maine’s lobster industry, which landed over 78 million pounds (35 million kilograms) of lobster last year, continues to be a vital component of the state’s economy and culture, despite experiencing a downturn compared to recent years. The catch was valued at over $460 million at the docks.
