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Judge rules NOAA must release bycatch photos from trawlers

November 4, 2025 — A federal judge in California has ordered NOAA to release photos, videos and other visual data documenting the catch of nontargeted species by the state’s halibut trawl fishery.

In a ruling, Judge Josephine Staton of the U.S. District Court for the Central District of California told NOAA to release 77 photographs to the environmental group Oceana detailing the bycatch of fish and marine mammals caught up in nets used by bottom trawlers off the California coast.

Oceana had requested the photos in 2022 under a public records request, but NOAA declined to provide them, citing an exemption where the release of documents violates nondisclosure provisions in federal law. NOAA argued that the Magnuson-Stevens Fishery Conservation and Management Act prohibited the release of the photos because doing so could identify the identities of fisheries observers whose identities were to be kept private.

Read the full article at E&E News

Westerman-Golden Bipartisan SPEED Act draws backing from industry groups

October 28, 2025 — A bipartisan proposal to revise federal environmental review procedures is drawing support from technology companies, trade associations, local officials, and utilities, according to statements released by the House Natural Resources Committee.

H.R. 4776, the Standardizing Permitting and Expediting Economic Development (SPEED) Act, was introduced by Chairman Bruce Westerman (R-Ark.) and Rep. Jared Golden (D-Maine). The measure targets the National Environmental Policy Act (NEPA), a procedural statute that set the framework for assessing environmental impacts of major federal actions and created the Council on Environmental Quality. NEPA’s requirements apply broadly to federally linked activities, including construction of roads, bridges, highways, ports, irrigation systems, forest management projects, transmission lines, energy developments, broadband, and water infrastructure.

NEPA was enacted to ensure that federal agencies consider environmental consequences before taking major actions. Over time, the process has become increasingly complex, extending permitting timelines and increasing costs for public and private projects. Critics of the current system argue that it has evolved into a cumbersome process that special interest groups sometimes use to delay or block infrastructure projects through litigation. The SPEED Act seeks to address those concerns by streamlining review procedures and reducing the frequency of lawsuits while maintaining the requirement that environmental impacts be considered.

Supporters from sectors such as advanced computing and data centers point to power and transmission needs; energy producers and public power entities cite grid reliability and long planning horizons; construction and electrical contractors emphasize predictable schedules; and forestry and logging groups link delays to slower forest management and wildfire risk. Commercial space and conservation-policy organizations also register support, citing modernization and clearer processes.

Commercial fisheries are among the sectors affected by NEPA’s procedural requirements. Fishery management actions under the Magnuson–Stevens Act—such as plan amendments, quota specifications, and implementing regulations—are treated as major federal actions and typically require environmental assessments or impact statements. Standardizing timelines and simplifying documentation could reduce uncertainty in the council and agency decision process without altering the substantive conservation standards that govern federal fisheries.

Litigation is another recurring factor in fishery management. NEPA claims are often filed alongside Magnuson–Stevens Act claims when stakeholders challenge plan amendments or annual specifications. Even when agencies prevail, litigation risk can slow implementation and absorb staff resources. The SPEED Act’s provisions to clarify what constitutes a “major federal action,” set limits on judicial review periods, and streamline documentation are presented by supporters as measures that could help agencies move science-based fishery decisions to implementation more predictably.

 The SPEED Act would update NEPA by: 

– Shortening review timelines and reducing litigation frequency.

– Simplifying analyses required in NEPA documents to lessen agency workload.

– Clarifying when NEPA applies by refining the definition of “major federal action.”

– Setting judicial review limits for NEPA claims, including a 150-day filing deadline, a new standard of review, and constraints on procedural maneuvers that can halt projects.

Organizations listed as supporters include Google; OpenAI; the AI Supply Chain Alliance; the American Forest Resource Council; Associated General Contractors of America; Associated Oregon Loggers; the Commercial Space Federation; ConservAmerica; the Huerfano County (Colo.) Board of County Commissioners; the Louisiana Mid-Continent Oil & Gas Association; Minnesota Forest Industries; Missouri River Energy Services (which also backs a related bill, H.R. 4503); the National Electrical Contractors Association and several of its regional chapters; and the Utah Rural Electric Cooperative Association.

Press release: https://naturalresources.house.gov/news/email/show.aspx?ID=BB6YBW3BL6RVCAERSA4FZWNLFQ

Judge discontinues commercial fishing in Pacific monument

August 11, 2025 — A Hawaii judge vacated an agency letter on Friday that allowed commercial fishing in a Pacific Ocean monument following a proclamation from President Donald Trump that walked back Obama-era environmental protections.

U.S. District Court Judge Micah Smith, a Joe Biden appointee, ruled that the letter — issued by the National Marine Fisheries Service — violated the Magnuson-Stevens Act and Administrative Procedure Act when it opened up protected water of the Pacific Islands Heritage Marine National Monument.

Environmentalists had claimed that the government didn’t engage in any notification or comment process before issuing the letter on April 25, a week after Trump’s proclamation.

“Whether plaintiffs are right to contend that they are entitled to participate in a notice and comment procedure — the government has chosen to concede that they are,” Smith wrote, noting the government had opted not to argue the letter was an interpretive rule instead of a legislative one.

Read the full article at Courthouse News Service

LOUISIANA: Amendment seeks aid for Louisiana’s wild-caught crawfishermen

August 4, 2025 — Two Louisiana congressmen, Cleo Fields and Clay Higgins, have introduced an amendment to the Magnuson-Stevens Fishery Conservation and Management Act to support the state’s wild-caught crawfishermen during disaster relief.

The proposed amendment seeks to expand fishery disaster relief programs to include wild-caught crawfish, which currently do not qualify for disaster assistance under existing U.S. Department of Agriculture or Magnuson-Stevens Act provisions. This change would allow the Secretary of Commerce to declare a fishery disaster for red swamp crawfish and white river crawfish, providing relief in the event of natural or man-made disasters.

Read the full article at CenLANow.com

Louisiana lawmakers introduce bill to expand disaster relief for crawfishermen

August 1, 2025 — Louisiana lawmakers have introduced new bipartisan legislation aimed at providing federal disaster relief to crawfish fisheries,

Currently, wild-caught crawfish are not eligible for disaster relief through the U.S. Department of Agriculture or under the Magnuson-Stevens Fishery Conservation and Management Act, which governs most federal fishery management.

The Fisheries Modernization Act (H.R. 4800), introduced by Rep. Clay Higgins, R-La., and Cleo Fields, D-La., would modify the legislation to specifically include red swamp crawfish and white river crawfish — two species central to Louisiana’s wild-caught industry. If passed, the measure would allow the Commerce Secretary to declare a fishery disaster for these species in the event of environmental catastrophes, infrastructure failures, or other crises that lead to significant drops in population or revenue.

Read the full article at the National Fisherman

LOUISIANA: Louisiana representatives want to make crawfish eligible for federal disaster relief funds

July 31, 2025 — U.S. federal lawmakers from the state of Louisiana have introduced a bill that would make wild-caught crawfish eligible for the Department of Commerce’s fishery disaster relief program.

“Louisiana’s crawfish harvesters are a vital part of our state’s economy and heritage. This legislation not only recognizes that legacy, but it also ensures that when future disasters hit, they won’t be left behind. Including wild-caught crawfish under the Magnuson-Stevens Act is a simple yet practical way to give this industry the federal support it deserves,” U.S. Representative Cleo Fields (D-Louisiana) said in a statement.

Read the full article at SeafoodSource

Justice Department in Talks to Settle Loper Bright

July 21, 2025 — Sometimes, a little sunlight does some good. As I reported last month, even while Pam Bondi’s Justice Department has been treating Loper Bright Enterprises v. Raimondo as a victory for conservative and MAGA critics of the administrative state, career lawyers at the DOJ were continuing to defend the very Commerce Department fishing-monitor regulation at issue in Loper Bright and its companion case, Relentless, Inc. v. Department of Commerce. On Tuesday, a federal judge ruled in favor of the government in Relentless, concluding that the Commerce Department could saddle fishing boats with the cost of monitors even without any authorization in the statutory text for charging them such a fee: “The default norm, manifest without express statement in literally hundreds of regulations, is that the government does not reimburse regulated entities for the cost of complying with properly enacted regulations, at least short of a taking.” Never mind that this isn’t a matter of the boats bearing the costs of their own compliance with rules, but of paying a regulatory agent for the government. The judge also found that, because the Magnuson-Stevens Act gives the agency “necessary and appropriate” powers, this “in no uncertain terms, delegates . . . a large degree of discretionary authority.” Actually, a term could hardly be more uncertain, and the whole point of Loper Bright is that agency discretion is about policy — not the interpretation of the law.

Read the full article at the National Review

Court upholds rule requiring fishing boat owners to pay regulators

July 18, 2025 — A federal court has upheld the government’s ability to require commercial fishing boat owners to pay for monitors aboard their vessels, a year after the Supreme Court took up the case and broadly curbed federal agencies’ authority.

The U.S. District Court for the District of Rhode Island ruled Tuesday that a NOAA Fisheries rule was lawful under the primary U.S. fisheries law, the Magnuson-Stevens Act (MSA).

Senior Judge William Smith said the court must exercise its independent judgment on whether an agency acted within its authority.

Read the full article at E&E News

New England council tries again on Northeast groundfish plan

July 8, 2025 — The New England Fishery Management Council will resubmit Amendment 25 to  its Northeast groundfish plan, after U.S. Secretary of Commerce Howard Lutnik disapproved the regional council’s original December 2024 proposal.

The National Marine Fisheries said May 28 “that Amendment 25 and its supporting analyses do not adequately demonstrate how the proposed action is consistent with National Standard 1 or other required provisions of the Magnuson-Stevens Act.”

After a lengthy deliberation at the council’s Junemeeting, its members voted to resubmit Amendment 25, “which would replace the current Atlantic cod stocks in the Gulf of Maine and on Georges Bank with the newly identified cod stocks in Eastern Gulf of Maine, Western Gulf of Maine, Georges Bank, and Southern New England,” council officials announced July 3.

The plan was protested by New England fishermen after the council’s initial approval last December. Despite Lutnik’s disapproval, NMFS still assessed that a new four-stock Atlantic cod structure “and the resulting management track stock assessments have been determined to be the best scientific information available.”

Read the full article at the National Fisherman

US district court judge dismisses lawsuit brought against NMFS by Alaska set-net fishers

July 7, 2025 –A judge for the U.S. District Court for the District of Alaska has dismissed a lawsuit brought by the United Cook Inlet Drift Association and the Cook Inlet Fishermen’s Fund against the National Marine Fisheries Service (NMFS) over what the organizations claimed was violations of the Magnuson-Stevens Act (MSA).

The two organizations, which represent fishers in the Cook Inlet in the U.S. state of Alaska, have spent over a decade launching lawsuits against NMFS, with the latest complaint saying the action was intended to “get Federal Defendants to stop shirking their duty” on the Cook Inlet salmon fishery. Plaintiffs claimed the NMFS ignored statutory duties intended for the federal government and, instead, deferred to the state of Alaska.

Read the full article at SeafoodSource

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