Legal Battle Over Lobster Red Listing: Free Speech vs. Conservation
A federal appeals court is considering whether to allow a lawsuit filed by fishing industry businesses and trade groups against a California aquarium to move forward due to concerns about its potential impact on free speech. The lawsuit was brought by New England-based plaintiffs against the Monterey Bay Aquarium over its Seafood Watch program's decision to place American and Canadian lobster on its "red list" of seafood to avoid in 2022. Judge Seth Aframe expressed reservations about the defamation claim during oral arguments, citing First Amendment concerns.
Seafood Watch listed lobster as a seafood to avoid due to the risk it poses to rare whales, such as the North Atlantic right whale, from potential entanglement in fishing gear. The lobster fishing industry, primarily based in Maine, disputes this claim, arguing that it inaccurately portrays them as a threat to whales and has caused economic harm. Despite the conservation groups' assertions that lobster and crab fisheries pose risks to whales, the industry maintains its stance that other fishing industries, like the Canadian snow crab fishery, pose greater threats.
The plaintiffs' attorney, Kevin Lipson, contends that the Seafood Watch report failed to disclose contradictory evidence and accuses the aquarium of concealing this information. Seafood Watch is a widely referenced sustainability report on seafood, influencing many restaurants and retailers in their product selections. Some major retailers, including Whole Foods, stopped carrying Gulf of Maine lobster following the red listing. The Monterey Bay Aquarium declined to comment on the ongoing case.
The legal battle has persisted as the lower court initially allowed the lawsuit to proceed despite the aquarium's request for dismissal. Maine fishermen harvested over 78 million pounds of lobster last year, valued at more than $460 million at the docks. Lobster fishing is a significant part of Maine's economy and culture, making the outcome of this lawsuit crucial for the industry's future.
In conclusion, the lawsuit between the fishing industry plaintiffs and the Monterey Bay Aquarium over the red listing of American and Canadian lobster by the Seafood Watch program raises important questions about free speech and defamation. The outcome of this legal battle could have far-reaching implications for the seafood industry and conservation efforts.