The Louisiana Shrimp Association is suing the Biden administration, alleging that a federal fisheries rule requiring the installation of sea turtle protection devices on certain shrimpers’ boats would be “financially crushing” for the industry.
The New Orleans-based Pelican Policy Institute for Public Policy, which represents the association and shrimper John Brown, filed the lawsuit on Jan. 17 in the Eastern District of Louisiana. It alleges that the rule implemented by the National Marine Fisheries Service (NMFS) discriminates against trawlers 40 feet or longer and also violated the mandate of the federal Administrative Procedure Act (APA).
The fisheries service issued the rule as a way to protect sea turtles from being caught in the nets of 40-foot boats used by many shrimpers, according to the lawsuit. The equipment needed to protect the turtles, called Turtle Excluder Devices (TEDs), are custom-made and expensive, the complaint states.
“Defendants have violated the APA by (1) failing to show the need for a new rule without any evidence that sea turtles inhabit Louisiana’s inshore waters and thereby encounter skimmer trawls, (2) refusing to consider relevant data supporting an exclusion zone for inshore waters of Louisiana … (3) ignoring significant industry reliance interests by the shrimpers,” the lawsuit says.
James Baehr, the Pelican Institute’s special counsel, said marine fisheries data presented by Louisiana shows there was very limited evidence in the records of interactions between shrimp boats and sea turtles in inshore waters.
“There were only two out of 160,000 records,” Baehr told the Louisiana Record. “In both cases, the sea turtles were OK. … Secondly, their nesting sites are doing very well.”
The financial burden on the industry resulting from the TED rule could be crippling when combined with revenue losses of $9.4 to $44 million during the first year of implementation, according to the Pelican Institute.
“Among states that have these kinds of vessels, there are 2,435 vessels overall, and 2,248 of them are in Louisiana,” Baehr said. “The rule overwhelmingly affects the Louisiana shrimping industry, which we’re proud to represent as a very iconic industry.”
The industry generates about $1.3 billion annually and supports the livelihood of 15,000 people, according to the Pelican Institute. The industry also faces challenges as a result of cheaper shrimp imports from foreign countries that don’t regulate their shrimp industries, Baehr said.
The state of Louisiana brought a similar case against the Biden administration last year on behalf of the shrimpers, but the U.S. Fifth Circuit Court of Appeals concluded the state lacked standing to file such a case.
The fisheries service delayed the implementation of the rule on sea turtle protection devices twice due to the limited number of TEDs available for use by shrimpers. But the agency declined to delay the rule’s implementation beyond Aug. 1, 2021.
“Despite a request from the Louisiana Department of Fish and Wildlife for the NMFS to delay the rule again in light of continuing challenges, the defendants refused to delay the final rule’s effective date, and plaintiffs have paid the price,” the lawsuit says.
The plaintiffs are asking the federal court to vacate the 2019 rule and issue an injunction to stop continued enforcement of the rule. They are also requesting payment of attorney fees, court costs and other relief the court finds is warranted.