The Louisiana Shrimp Association (LSA), with legal representation from the Pelican Institute’s Center for Justice, has taken a bold step by filing a lawsuit against the National Marine Fisheries Service (NMFS) under the Biden Administration. The lawsuit centers on the NMFS’s controversial rule mandating the use of Turtle Excluder Devices (TEDs) on skimmer trawl vessels in Louisiana’s inshore waters.

Grounds for Legal Challenge

Filed today in the U.S. District Court for the Eastern District of Louisiana, the complaint challenges the NMFS rule on multiple legal grounds. The LSA argues that the rule violates the Administrative Procedure Act, the Dormant Commerce Clause, and the Major Questions Doctrine. According to the complaint, the NMFS failed to adequately consider evidence demonstrating the lack of interaction between sea turtles and shrimpers in inshore waters, pointing out that turtle nesting sites are thriving.

Impact on Louisiana Shrimpers

The heart of the complaint lies in the potential catastrophic consequences for Louisiana shrimpers. The costs associated with implementing the TED requirement pose a severe threat to an industry already grappling with challenges, particularly from foreign shrimp imports. Shrimpers, operating on thin profit margins, face economic distress as a result of the rule.

TED Installation Costs

The NMFS rule mandates the installation of custom-made attachments on shrimper trawl vessels that are 40 feet or longer. The purported objective is to protect endangered turtles. However, the reality is that this requirement introduces a significant financial burden. Shrimpers not only bear the expense of installing these devices but also suffer ongoing losses due to shrimp escaping the net when caught in the TED. Studies indicate that the average first-year revenue loss for shrimpers could range between USD 9.4 million and USD 44 million.

LSA’s Plea to the Biden Administration

Acy Cooper, representing the LSA, emphasizes the broader impact of the lawsuit, stating, “We are not just fighting for ourselves, but for the entire shrimping industry in Louisiana.” Cooper urges the Biden Administration to reconsider the rule, asserting its unfairness and the threat it poses to the livelihoods of Louisiana shrimpers.