A federal judge in Washington, DC, on Monday ruled that the US’ National Marine Fisheries Service (NMFS) violated the Endangered Species Act, Magnuson Stevens Act, and other federal laws when it removed a roughly 20-year-old ban last year on gillnet fishing within a 3,000 square mile area south and east of the Massachusetts island Nantucket.
US District Court judge James Boasberg has renewed the ban in order to protect North Atlantic right whales, the Boston Globe reports. He said, in his 32-page ruling, that his decision was “not a close call” and quoted Herman Melville’s “Moby Dick”.
“Demonstrating that ‘there is no folly of the beasts of the earth which is not infinitely outdone by the madness of men’ … humans have brought the North Atlantic right whale to the brink of extinction,” he wrote.
Boasberg’s ruling does not apply to the scallop industry, which will be allowed to continue using its dredging equipment in the area, as it has not been found to harm the marine mammals.
The ruling echoed concerns laid out in a recent whistleblower complaint that suggested NMFS misrepresented the views of its own scientists to justify the action, the newspaper noted.
The agency had argued that it wasn’t required to conduct a deeper review and consult with all of its branches, though Boasberg disagreed.
NMFS’ “duty was clear,” he wrote in his opinion. Once scientists in the agency make “the determination that its action ‘may affect’ a listed species, it is without discretion to avoid consultation with the expert agency as to the effects of the action on the listed species. The court cannot excuse this breach.”
