Maine’s lobster industry can move forward with a defamation lawsuit against Seafood Watch, a group that designated their lobsters as a do-not-buy due to concerns over fishing gear entangling endangered North Atlantic right whales. A federal judge recently denied Seafood Watch’s motion to dismiss the case, which the industry argues damaged its reputation and caused a 40% price drop per pound. The Maine Lobstermen’s Association claims that Seafood Watch’s claims are misleading and based on outdated information. In contrast, Seafood Watch plans to appeal the ruling, asserting that the lawsuit infringes on free speech.
Maine’s lobster industry is allowed to move forward with a defamation lawsuit against a seafood watchdog organization that designated a do-not-buy status on the crustaceans, citing concerns about the risks posed by the industry’s fishing nets to a threatened whale species.
Last month, a federal judge rejected a motion to dismiss the case, which led Seafood Watch, a nonprofit organization managed by the Monterey Bay Aquarium, to file an appeal on Thursday. The group is known for its seafood sustainability ratings.
It has been nearly two years since the Maine Lobstermen’s Association and several other parties filed a lawsuit against the nonprofit following its downgrade of the sustainability rating for American lobsters harvested off the coast of Maine from yellow to red in 2022. The organization advised consumers to refrain from purchasing those lobsters, stating that endangered North Atlantic right whales were at a high risk of becoming entangled in fishing gear.
In the lawsuit, lodged in U.S. District Court in Maine, the fishermen claimed that Seafood Watch harmed the reputation of their billion-dollar industry, leading some customers to cancel their contracts.
“Reputation and goodwill cannot be adequately replaced through awarding damages, and this injury persists as long as the ‘red listing’ does,” wrote Judge John A. Woodcock Jr. in his 137-page ruling rejecting the motion to dismiss the case.
The fishermen expressed their approval of the judge’s decision in a statement, contending that the average price per pound of lobster fell by 40 percent following Seafood Watch’s alteration of its sustainability rating.
“This ruling represents a vital step in holding the Monterey Bay Aquarium accountable for misleading statements that have unjustly targeted our industry,” stated Patrice McCarron, executive director of the Maine Lobstermen’s Association. “Maine lobstermen have been custodians of the ocean for generations, and we are dedicated to defending our livelihood against unfounded accusations.”
In a statement regarding its appeal of the ruling, the Monterey Bay Aquarium indicated that the lawsuit should be dismissed under a Maine law designed to protect against frivolous lawsuits that impede free speech.
The National Oceanic and Atmospheric Administration Fisheries estimates that approximately 370 North Atlantic right whales remain, making it one of the most endangered whale species worldwide. According to NOAA, the number of new calves born in recent years has been below average.
The main threats to these whales, which can weigh up to 140,000 pounds and reach lengths of up to 52 feet, are collisions with vessels and entanglements in fishing gear.
When Seafood Watch placed its do-not-buy label on Maine lobsters, the nonprofit asserted that the red rating was based on “significant risks of entanglement in pot, trap, and gillnet fisheries to the endangered North Atlantic right whale and the absence of timely, effective management necessary to reduce entanglement risks and foster recovery of the species.”
Fishermen involved in the lawsuit contended that Maine’s lobster industry had implemented measures to modify gear, arguing that Seafood Watch’s rating was rooted in outdated and irrelevant information. Just three days after the rating was issued, the governor of Maine and its congressional delegation sent a letter to the aquarium requesting a reversal of the guideline.