Lobster fishermen can sue environmental group for defamation, judge says

SCARBOROUGH, Maine (AP) —

A group of lobster fishermen can sue one of the world’s largest seafood watchdog groups for defamation, a federal court has ruled, over a report that described Maine lobster as an unwise choice for consumers.

The threat to a rare whale species from getting tangled in fishing gear has prompted Monterey Bay Aquarium in California to caution against eating a variety of lobster that New England fishermen have harvested for centuries.

Seafood Watch, a conservation program operated by the aquarium, placed lobster from the U.S. and Canada on its do-not-eat “red list” in 2022. Some retailers pulled lobster from stores after the recommendation.

Judge John Woodcock ruled last month that the fishermen made a case that they suffered damage to their industry's reputation as a result of the red-listing, after the aquarium made a bid in U.S. District Court in Maine to have the 2023 lawsuit tossed. A spokesperson for the aquarium said Monday the institution filed an appeal, but Woodcock's ruling means the lawsuit is moving forward.

“Reputation and goodwill cannot be adequately replaced through awarding damages and this injury lingers as long as the ‘red listing’ does,” Woodcock wrote.

The lobster industry, based largely in Maine, is one of the most lucrative fisheries in the U.S., valued at more than half a billion dollars at the docks last year. Entanglement in lobster gear is also one of the most significant threats to the North Atlantic right whale, which numbers less than 400.

The aquarium has a right to communicate its recommendations to the public, said Emerson Brown, the spokesperson for the aquarium. Brown said the aquarium appealed "to protect our ability to share critical information with the public.”

The Maine Lobstermen's Association, one of the groups that filed the lawsuit, described Woodcock's decision as “significant” in a statement.

“Maine lobstermen have been stewards of the ocean for generations, and we are committed to defending our livelihood against baseless claims," said Patrice McCarron, executive director of the association.