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.
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.
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.”
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.
New bill seeks to strengthen U.S. fisheries with MSA updates
June 5, 2025 — Once again, the U.S. House of Representatives lawmakers have introduced legislation to reauthorize and update the Magnuson-Stevens Act (MSA).
The MSA was last revised in 2006, and being the primary legislation governing U.S. fisheries, it is critical to ensure that federal law reflects today’s fisheries challenges across the country.
Representatives Jared Huffman (D-CA), James Moylan (R-Guam), and Ed Case (D-HI) reintroduced the Sustaining America’s Fisheries for the Future Act. The bill will implement the necessary changes to the MSA. To include as many viewpoints as possible, Huffman and Case held eight listening sessions across seven management regions during their fisheries listening tour. They heard from 80 different experts and stakeholders, in addition to public comments from dozens of individuals.
Similar efforts have been made in 2022 and 2020 to reauthorize the MSA, but they fell short.
“The Sustaining America’s Fisheries for the Future Act makes significant advancements to our U.S. fisheries management system and will contribute to the economic betterment, cultural enrichment, and health benefit of people and communities nationwide. This bipartisan bill will improve catch data and stock assessments, which are the bedrock of our successful science-based fisheries management, while also giving working waterfronts and fishing communities the infrastructure improvements and funding support they need to meet the challenges of the future,” stated Robert C. Vandermark, executive director of the Maine Fish Conservation Network. “The Marine Fish Conservation Network thanks Representatives Huffman, Moylan, and Case for their work to further the health and productivity of our oceans and fisheries that sustain our economy, nutritional wellbeing, and way of life.”
New England For-Hire Groundfish Fleet Partners with NOAA Fisheries to Improve Cod Data
June 3, 2025 — Atlantic cod is a classic New England fish, found everywhere from roadside fish-and-chip stands to the Massachusetts State House. Under the Magnuson–Stevens Act, NOAA Fisheries fosters the long-term biological and economic sustainability of marine fisheries, including rebuilding overfished stocks. Currently Atlantic cod is considered overfished and rebuilding plans are in place to promote population growth. We recently teamed up with recreational fishermen and other partners to learn more about this iconic species.
Advancements in Understanding Cod Populations
The latest model of cod stock structure based on scientific advances in genetics, tagging, and biological characterization shows there are five biologically distinct cod populations from New Jersey to Canada, and four stock units. This new model allows managers to better tailor management to the specific needs of each stock to help populations recover.
Recreational Biological Sampling Fills Data Gaps
In light of these advancements, stock assessment scientists needed more biological data from the recreational fishing fleet. NOAA Fisheries teamed up with members of New England’s recreational for-hire fleet, the New England Aquarium, Pelagic Strategies, and the Atlantic States Marine Fisheries Commission to fill those data gaps. The pilot study is called the Recreational Biological Sampling Program, or RecBio.
Commerce rejects New England council’s cod amendment
May 29, 2025 — U.S. Commerce Secretary Howard Lutnik disapproved the New England Fishery Management Council’s proposed Amendment 25 to the Northeast groundfish plan, sending it back to the council for revisions – or developing a new amendment.
The council proposed dividing the present two cod stocks into four geographic units, with new, separate annual catch limits (ACLs) for each units. The plan was protested by New England fishermen after the council’s approval in December 2024.
“These restrictions are going to be the end of the trawlers and anyone else buying fish,” New England Fishermen’s Stewardship Association (NEFSA) CEO Jerry Leeman said then. “Everyone in the fisheries expects Addendum 25 to torpedo their businesses.”
The National Marine Fisheries Service announced Lutnik’s decision in a May 28 statement. The amendment is disapproved “on the basis 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,” according to the agency.
Trump opens swath of pristine Pacific Ocean to commercial fishing
April 18, 2025 — President Donald Trump on Thursday issued a proclamation saying he is easing federal restrictions on commercial fishing in a vast protected area of the central Pacific known as the Pacific Islands Heritage Marine National Monument.
Trump said he will allow U.S.-flagged vessels to fish within 50 to 200 nautical miles of the landward boundaries of the monument, which covers some 490,000 square miles of open ocean, coral reef and island habitats. Located south and west of Hawaii, the area is home to seven national wildlife refuges. It includes some of the Earth’s last pristine maritime environments, serving as a sanctuary for species such as endangered sea turtles, sharks and migratory birds, according to marine wildlife experts.
In a separate executive order Thursday, Trump also said he would reduce regulations on commercial fishing more broadly and asked his secretary of commerce to “identify the most heavily overregulated fisheries” and take action to “reduce the regulatory burden on them.”
Trump’s directives, which are likely to attract legal challenges, seek to weaken protections initially set up by his predecessors. President George W. Bush in 2009 established the monument and restricted oil exploration and commercial fishing within it. In 2014, his successor Barack Obama, expanded the protected area to more than 490,000 square miles.
Trump, in the proclamation, said existing environmental laws provide sufficient protection for marine wildlife in the area and that many of the fish species in the monument are migratory.
“I find that appropriately managed commercial fishing would not put objects of scientific and historic interest [within the monument] at risk,” he said.
Bob Vanasse, executive director of the commercial fishing trade group Saving Seafood, said in an email that the shift in policy “does not create a commercial fishing free-for-all in the monuments.”
“Commercial fishing in the monuments will be allowed only under fishery management plans that manage the fisheries sustainably under the Magnuson-Stevens Fishery Conservation and Management Act,” Vanasse said, referring to the law that governs fishing in federal waters.
Federal judge rules ‘pocket-veto’ provisions of MSA violate US Constitution in partial victory for NEFSA
January 6, 2025 — U.S. District Court Judge John Woodcock determined some of the authority granted to those council members was violating the U.S. Constitution, specifically a portion of the MSA which meant the NFMS was unable to repeal certain fisheries management procedures without council approval. By refusing to assent to decisions made by the NFMS, the council could effectively “pocket veto” decisions made by federal authorities.
“In severing these limited provisions, the Court addresses both the Appointments Clause and constitutional removal claims, as, without these provisions, the Council Members do not exercise any significant authority, and thus, do not constitute officers of the United States,” Woodcock wrote. “This resolves the constitutional issues presented without invalidating an entire statutory scheme that has effectively governed the United States for decades or a regulation that did not involve either of the constitutional provisions identified in the case at bar.”
Court open to upholding US fishing monitor rule even without ‘Chevron’ doctrine
November 5, 2024 — A U.S. appeals court on Monday appeared open to upholding a federal rule requiring commercial fishermen to fund a program to monitor for overfishing of herring off New England’s coast even after the U.S. Supreme Court in that same case issued a landmark ruling curbing agencies’ regulatory power.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, during oral arguments, weighed the impact of the U.S. Supreme Court’s June decision to scrap a 40-year-old legal doctrine that had required courts to defer to agencies’ interpretations of ambiguous laws they administer.
The 6-3 conservative majority U.S. Supreme Court nixed the doctrine, known as “Chevron deference,” after taking up an appeal by several commercial fishing companies of the D.C. Circuit panel’s 2-1 ruling in August 2022 that had relied on the doctrine to uphold the fishing rule.
The justices sent the case back to the D.C. Circuit to reassess the rule’s validity post-Chevron using their own judgment and for further arguments by the fishing companies, led by New Jersey-based Loper Bright Enterprises.
Read the full article at Reuters
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