January 23, 2026 — Following their victory before the U.S. Supreme Court in 2024, commercial fishers from New Jersey are asking the U.S. Court of Appeals for the First Circuit to vacate a NOAA Fisheries rule requiring them to pay out of pocket for at-sea monitors.
“Forcing fishermen to pay the salaries of government regulators watching them conduct their work is backward,” New Civil Liberties Alliance (NCLA) Senior Litigation Counsel Kara Rollins said in a statement. “The regulation unlawfully places the government’s financial responsibilities onto the governed and without congressional authorization.”
The lawsuit centers on the Industry-Funded Monitoring (IFM) rule introduced by NOAA Fisheries in 2020. The rule requires commercial fishers in multiple fisheries – Atlantic herring, squid, butterfish, and Atlantic mackerel – to pay out of pocket for at-sea monitors to be present on their vessels and observe their operations.
The fishers claimed the requirement would be devastating to their business, with monitors reportedly costing more than $700 per day. According to the NCLA, that cost can eat up any profit the fishers made in a day, and over a multi-day trip, costs could become exorbitant.