June 28, 2024 — New Civil Liberties Alliance President Mark Chenoweth and Meghan Lapp, who is with Seafreeze Fisheries, joined ‘America’s Newsroom’ to discuss their reaction to the Supreme Court’s opinion.
US Supreme Court overturns Chevron in blow to NOAA’s regulatory authority
June 28, 2024 — A lawsuit filed by New Jersey herring fishermen has struck a massive blow to the authority of U.S. regulators.
On 28 June, the U.S. Supreme Court ruled in favor of the plaintiff fishermen in Loper Bright Enterprises v. Raimondo, overturning the long-standing Chevron deference – a legal precedent that gave federal agencies wide latitude in interpreting congressional statutes – and limiting the authority of NOAA Fisheries to implement regulations without clear guidance from lawmakers.
The Supreme Court weakens federal regulators, overturning decades-old Chevron decision
June 28, 2024 — The Supreme Court on Friday upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety and consumer protections, delivering a far-reaching and potentially lucrative victory to business interests.
The court’s six conservative justices overturned the 1984 decision colloquially known as Chevron, long a target of conservatives who have been motivated as much by weakening the regulatory state as social issues including abortion. The liberal justices were in dissent.
The case was the conservative-dominated court’s clearest and boldest repudiation yet of what critics of regulation call the administrative state.
Bill Bright, a Cape May, New Jersey-based fisherman who was part of the lawsuit, said the decision to overturn Chevron would help fishing businesses make a living. “Nothing is more important than protecting the livelihoods of our families and crews,” Bright said in a statement.
Fishermen Land Major Supreme Court Victory Overruling Chevron Doctrine
June 28, 2024 — Today, attorneys for a group of New Jersey herring fishermen landed a significant victory at the Supreme Court. With its ruling in Loper Bright v. Raimondo, the Court has overruled the Chevron doctrine and restored the balance of power between Congress and the Administration. The Loper Bright decision was issued alongside Relentless v Department of Commerce.
The fishermen in the Loper Bright case face an unlawful requirement imposed on them by an executive branch agency that could force them to surrender 20 percent of their earnings to pay at-sea monitors. Because that fee resulted from unlawful overreach and threatened their ability to make a living, the fishermen decided to challenge the requirement in court four years ago. After a split decision in the D.C. Circuit, the Supreme Court decided to review the Chevron doctrine, which is the legal theory the government cited to justify its controversial monitoring rule. For 40 years, Chevron has required federal courts to abdicate their constitutional role to interpret the law by deferring to agency interpretations of statutes whenever those same agencies deem the law “silent” or “ambiguous.” In practice, such deference permitted agencies to engage in egregious overreach, often at the expense of ordinary citizens.
James Valvo, Executive Director of Cause of Action Institute. “We’re gratified that the Court recognized Chevron’s perverse consequences and ruled in favor of our clients and all citizens whose livelihoods are threatened by an unaccountable bureaucracy. We look forward to any further steps that will be needed to ensure the unlawful industry-funded monitoring regime imposed on herring fishermen is finally taken off the books.”
ALASKA: Copper River fishing kicks off salmon season marked by fewer buyers and more uncertainty
June 28, 2024 — Justin Johnson surveyed his nets and the large net reel of his bowpicker the F/V White Night at the Cordova Harbor in early June, as he prepared for the next day’s opener.
“So a 20 pound king is a $300 fish or better, so you definitely don’t want to see it splash out of the net,” he said, gesturing to the dip net on hand to snap up the coveted Copper River king salmon.
The Copper River fishing season started on May 15, and marks the first salmon run of the year with the highest prices in the state, especially for kings. The Alaska commercial fishing season has been through an economic tailspin over the last year. Fishing crews grappled with historically low prices, and processors sold and closed down plants over the winter. The Prince William Sound fishery is one of the most productive in the state, but fishing crews are also feeling the pressure.
Back at the Cordova harbor, lifelong commercial fisherman Nick Nebesky took a break from boat engine repairs to share his concerns with market prices.
“It was rough. I’ve spent all winter redoing my finances, accounting everything, to try to get myself back where I need to be,” he said. “And it seems like this year could possibly make that happen. But last year was awful, it was a terrible price. There was good fish – the fish were beautiful, the fish were healthy, and I see them in the grocery stores. Seems like they’re the same price in the grocery stores, but we did not get paid as much.”
MASSACHUSETTS: As new wind lease areas are eyed off Cape Cod, leaders seek ‘a seat at the table’
June 28, 2028 — Three ocean areas east of Cape Cod may be some of the next marine real estate to be auctioned for offshore wind energy production, with some turbines possibly distantly visible, in very clear conditions, from the Atlantic Ocean bluffs in Truro.
Located due east of Wellfleet and Truro, the areas total 363,305 acres starting about 24 miles offshore and stretching eastward. They are among eight potential lease areas — adding up to nearly a million acres — that the federal Bureau of Ocean Energy Management has delineated for offshore wind projects off the coasts of Massachusetts, New Hampshire and Maine.
In anticipation of the sale, local legislators are working to ensure the outermost Cape towns are part of the discussion and residents are kept well-informed. The federal government is also gathering public comments.
Supreme Court delivers blow to power of federal agencies, overturning 40-year-old precedent
June 28, 2024 — The Supreme Court on Friday overturned a 40-year-old precedent that has been a target of the right because it is seen as bolstering the power of “deep state” bureaucrats.
In a ruling involving a challenge to a fisheries regulation, the court consigned to history a 1984 ruling called Chevron v. Natural Resources Defense Council. That decision had said judges should defer to federal agencies in interpreting the law when the language of a statute is ambiguous, thereby giving regulatory flexibility to bureaucrats.
It is the latest in a series of rulings in which the conservative justices have taken aim at the power of federal agencies, including one on Thursday involving in-house Securities and Exchange Commission adjudications. The ruling was 6-3, with the conservative justices in the majority and liberal justices dissenting.
“Chevron is overruled,” Chief Justice John Roberts wrote in the majority opinion. “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”
He said that the ruling does not cast into doubt prior cases that relied on the precedent, but going forward lower courts “may not defer to an agency interpretation of the law simply because a statute is ambiguous.”
Magnuson-Stevens Act reauthorization back on the docket
June 28, 2024 — A bipartisan group of U.S. Representatives has re-introduced a bill in the latest bid to reauthorize the Magnuson-Stevens Act (MSA).
U.S. representatives Jared Huffman (D-California), who is the ranking member of the U.S. Natural Resources Subcommittee on Water, Wildlife, and Fisheries, along with Ed Case (D-Hawaii), Mary Peltola (D-Alaska), and U.S. Delegate James Moylan (R-Guam), reintroduced the “Sustaining America’s Fisheries for the Future Act” in a bid to renew the MSA – the law governing fisheries management at a federal level. The law was enacted in 1976 and was last reauthorized in 2006.
Read the full article at SeafoodSource
Northern Shrimp Section Releases for Public Comment the PID to Draft Amendment 4 to the Interstate FMP for Northern Shrimp
June 28, 2024 — The following was released by Atlantic States Marine Fisheries Commission:
The Commission’s Northern Shrimp Section has released for public comment the Public Information Document (PID) to Amendment 4 to the Interstate Fishery Management Plan for Northern Shrimp. The states of Maine through Massachusetts will be conducting hearings on the PID; the details of those hearings will be released in a subsequent press release.
Given the stock’s continued depleted status, the Section initiated the draft amendment to consider extending the specifications setting timeline to allow for ongoing or multiyear harvest moratoria and adding management triggers to the management program. A management trigger could inform whenan ongoing or multiyear moratoria should be re-evaluated if improved stock conditions are evident, indicated through recruitment trends or other specified biological indicators.
As the first step in the Commission’s amendment process, the PID is intended to gather information concerning northern shrimp and provide an opportunity for the public to identify and comment on major issues relative to the management of the species. Following the initial phase of information gathering and public comment, the Section will evaluate potential management alternatives and develop Draft Amendment 4 for public review. After the next round of public comment, the Section will identify the management measures to be included in Amendment 4. A tentative schedule for the completion of Amendment 4 is included in the PID.
Submitting Comments
The PID is available athttps://www.asmfc.org/
US fishing industry issues rebuke of trawling bill
June 27, 2024 — More than 50 U.S. seafood organizations and companies have signed a letter calling on U.S. Rep. Mary Peltola (D-Alaska) to immediately withdraw the Bottom Trawl Clarity Act – legislation she introduced in May that could block off large sections of the ocean from trawling gear.
“This bill threatens seafood sector jobs in Alaska and across the United States,” At-Sea Processors Association Executive Director Stephanie Madsen said. “More than 1.5 million Americans have jobs that depend on commercial seafood, and they deserve better than the politicization of fisheries science and management.”
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