Shrimper group sues feds over inshore regulation

The Louisiana Shrimp Association, represented by lawyers from the Pelican Institute’s Center for Justice, has filed a lawsuit against the Biden administration’s National Marine Fisheries Service over a rule requiring skimmer trawl vessels to use turtle excluder devices in Louisiana’s inshore waters.
The complaint, filed last week in the U.S. District Court for the Eastern District of Louisiana, challenges the rule on the grounds that it violates the Administrative Procedure Act , the Dormant Commerce Clause and the Major Questions Doctrine.
According to the complaint, the service failed to consider evidence that sea turtles do not interact with shrimpers in inshore waters and their nesting sites are thriving. Meanwhile, the costs of implementing the rule will be disastrous to Louisiana shrimpers, who live on slim margins and are already struggling to make ends meet with an influx of foreign shrimp imports, the association said.
“The bureaucrats who instituted this rule ignored the economic devastation it will cause to shrimpers,” said James Baehr, from the Pelican Institute Center for Justice. “This unnecessary and unconstitutional rule is a direct attack on Louisiana livelihoods and culture.”
The National Oceanic and Atmospheric Administration notes that all species of sea turtles are on the endangered species list. “By the late 1970s, incidental by catch of sea turtles in shrimp trawling gear in the southeastern United States was determined to be a major threat to the survival of sea turtle populations,” NOAA said.
TED-equipped nets have a metal bar structure through which shrimp can pass but which redirects larger animals to an opening in the net.
The rule requires custom-made attachments to be installed on shrimper trawl vessels that are 40 feet or longer to protect endangered turtles. The TEDs are costly to shrimpers because they lose shrimp that are funneled out of the net because of it, particularly when debris gets caught in the TEDs, the association said.
The association cites studies showing that the average first year revenue loss for shrimpers would range between $9.4 million and $44 million.
“Today, the Supreme Court will hear a pivotal case on the power of this agency over small businessmen, and this is a perfect time for the Louisiana Shrimp Association to stand up against unelected bureaucrats in Washington. The shrimpers are fighting for their rights and their way of life, and they will not back down,” said Sarah Harbison from the Pelican Center for Justice.
"We are not just fighting for ourselves, but for the entire shrimping industry in Louisiana,» said Acy Cooper of the association.
«We urge the Biden Administration to stop this unfair rule so that we can continue feeding our families and yours with high quality shrimp.”