Quote:
Originally Posted by dales529
Problem with federal lawsuits is that they threaten removal of fed permits to the for hire industry meaning NO Tuna / NO Offshore Sea Bass permits etc. so most wont join a lawsuit. Like we tried on seabass in the past.
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Dave help me understand this. On 10/10/19 based on the following link:
https://ag.ny.gov/press-release/2019...uota-new-yorks
Leticia James and Andrew Cuomo representing the State of New York filed a complaint for the unfair and disproportionate allocation of commercial summer flounder quotas based on outdated allocations from MSA from the 80's among states and won. New York ended up having their quota increased. The Plaintiffs were New York State, the Commissioner of NY DEC as well as the DEC itself. Named defendants were Wilbur Ross (Secretary of Commerce), the Department of Commerce itself, NOAA and NMFS. The NY commercial fishing alliance isn't even mentioned in the complaint. Do the laws discriminate between sectors?
Why then can NY file a complaint against the federal government but New Jersey based on your post can't, assuming we had the resources to do so. It didn't seem to prevent New York State from doing so on behalf of the commercial sector, why would the circumstances be any different if New Jersey filed a complaint on behalf of the recreational community including for hire operators. The complaint should cite unequitable and unfair allocation of the resource among sectors, specifically granted for under MSA, and mismanagement of the stock resulting in adverse economic impacts to all coastal states for two decades?
I simply would like to understand why litigation against the federal government isn't an option to the recreational sector or New Jersey but has been to the commercial sector repeatedly and obviously based on this complaint our neighbor state New York.
