Fishermen look to kill NOAA at-sea monitoring rule following Supreme Court victory

September 9, 2024

… Now, the New Civil Liberties Alliance (NCLA) has filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit asking the judges to strike down the at-sea monitoring rule. The appeals court initially upheld the rule in 2021, relying on the Chevron deference. With the deference dead, though, the NCLA claims the NOAA Fisheries rule is unlawful and should be struck down.

“The D.C. Circuit already found that the Magnuson-Stevens Act does not expressly provide the agencies with the power to force the fishing industry to pay for a government function performed by government agents for 20 years,” NCLA Senior Litigation Counsel John Vecchione said. “Without such Congressional direction, it should send this regulation to Davy Jones’ locker.”

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Originally Published in SeafoodSource