Federal appeals court dismisses Maine lobstermen’s defamation case against Monterey Bay Aquarium

The First Circuit Court of Appeals has ruled against a group of Maine lobstermen, who sued the Monterey Bay Aquarium for defamation after the aquarium added American lobster to its list of unsustainable seafood. 

In a ruling Friday, the court sent the case back to U.S. District Court to be dismissed, concluding that the lobstermen failed to state a claim because there was not sufficient evidence that the aquarium’s statements made “particular reference” to the lobstermen. 

In a statement Friday, the Monterey Bay Aquarium welcomed the ruling. 

“​​People’s choices have the power to shape the future of the ocean,” the aquarium stated. “Programs like Seafood Watch guide consumers and businesses toward environmentally sustainable choices that support a healthy, thriving ocean, benefiting food security, fisheries and coastal communities whose livelihoods depend on the ocean.”

In 2022, the California-based aquarium’s popular seafood guide downgraded American lobster to a red listing, urging consumers and businesses to avoid buying the crustacean because of risks the fishery poses to endangered North Atlantic right whales.

The Maine Lobstermen’s Association, the Maine Coast Fishermen’s Association and three lobster producers and sellers filed suit, arguing that the lobster industry’s gear has not been tied to right whale entanglements and the listing has harmed business.

In a statement Saturday, Maine Lobstermen’s Association Executive Director Patrice McCarron called the ruling deeply disappointing. 

“MLA stands firm in its position that the Aquarium’s red-listing harms the Maine lobster fishery by telling consumers to avoid Maine lobster while ignoring decades of meaningful conservation by the very people who depend on a healthy ocean,” McCarron said. “Maine lobstermen have a strong record of protecting right whales, and those measures are working. The North Atlantic right whale population is increasing, and documented interactions with Maine lobster gear are rare.”

Found along the East Coast, right whales’ migratory paths overlap with highly productive lobster fishing areas in Maine and Massachusetts, making entanglements in fishing gear one of the major threats for the animals. With a population of less than 400 and even fewer reproductively active females, right whales are approaching extinction with more than half a dozen threats to their existence, according to the National Oceanic and Atmospheric Administration Fisheries.