Conservation group Oceana, represented by Earthjustice attorneys, has filed lawsuits against the U.S. federal government to obtain images of marine mammals killed or injured by commercial fishing boats. The lawsuits, filed in Alaska and California, allege that the National Oceanic and Atmospheric Administration (NOAA) failed to comply with multiple Freedom of Information Act (FOIA) requests.
The Heart of the Dispute
At the center of the legal challenge is NOAA’s dual mandate: to promote sustainable fishing practices while enforcing laws that protect marine mammals. Oceana argues that NOAA’s reluctance to release unredacted images undermines transparency and public awareness about the environmental consequences of trawl fishing.
“People have the right to know how commercial fisheries impact marine wildlife,” said Tara Brock, Oceana’s Pacific legal director.
The Environmental Toll of Trawl Fishing
Trawl fishing, a method where large nets are dragged near or along the ocean floor, has long been criticized for its significant bycatch — the unintentional capture of non-target species, including marine mammals. According to NOAA data cited in the lawsuit, 10 orca whales were entangled in the Bering Sea off Alaska in a four-month period last year, with nine fatalities.
Oceana has called for stricter regulations on trawl fishing, labeling it one of the least sustainable fishing practices.
NOAA’s Withheld Records
Beginning in 2021, Oceana filed FOIA requests to access photos and videos captured by federal observers on commercial fishing vessels. These taxpayer-funded observers monitor compliance with conservation laws.
NOAA, however, refused to provide records of marine mammal bycatch in California’s halibut fishery and released only heavily redacted images from Alaska. Many of the redacted images were so pixelated that the animals were unrecognizable, Oceana claimed.
NOAA’s Position and Legal Barriers
NOAA has cited the Magnuson-Stevens Act as a basis for its refusal, arguing that the release of unredacted images would violate provisions protecting the identities of specific vessels and businesses.
While NOAA declined to comment on the litigation, Oceana’s lawsuit challenges the agency’s interpretation of the law, arguing that transparency is essential for meaningful public participation in fisheries management.
Oceana’s Push for Accountability
The conservation group asserts that public access to these images is critical for understanding and addressing the environmental harm caused by certain fishing practices.
“The Magnuson-Stevens Act is built on the principle that the public must be able to participate meaningfully in fisheries management,” the lawsuit states.
