Saving Seafood

Federal appeals court urged to reel in fishing monitor rules

January 20, 2026 — A conservative legal group is asking a federal appeals court to overturn a ruling allowing the government to charge New England commercial fishermen for the cost of boat monitors.

In a legal brief filed with the First Circuit Court of Appeals, the New Civil Liberties Alliance asks the three-judge panel to prevent the National Oceanic and Atmospheric Administration from enforcing an “unlawful” regulation requiring Atlantic herring fisherman to pay for the cost of federal monitors to observe their catch.

The legal fight stems from a 2024 ruling by the U.S. Supreme that overturned the so-called “Chevron doctrine,” a decades-old administrative law principle that directs courts to defer to a federal agency’s interpretation when regulations or policies are unclear.

The principle stems from the Supreme Court’s 1984 ruling in Chevron v. National Resources Defense Council, in which the justices said courts should defer to an agency in “ambiguous situations” as long as its interpretation of a law is “reasonable.”

Read the full article at The Center Square

Evans Becomes North Pacific Fisheries Management Council’s Fifth Executive Director

January 8, 2026 — A longtime veteran of the North Pacific Fisheries Management Council in Anchorage is the federal regulatory body’s new Executive Director. Diana Evans becomes the council’s fifth leader since it was established under the Magnuson-Stevens Fishery Conservation and Management Act of 1976.

Evans has been employed by the council since 2002 and served as the deputy director since 2017. She replaces David Witherell, who retired in October 2025 after serving thirty-three years with the council. As the Executive Director, Evans oversees a staff of fourteen from the Anchorage office, coordinating public input for regional decisions by US Department of Commerce fisheries managers.

Read the full article at Alaska Business 

Commercial fishers and businesses challenge US federal red snapper plan over dead discards

July 16, 2025 –A group of commercial fishers, seafood processors, and buyers from the U.S. states of North Carolina and Florida have filed a lawsuit against the federal government’s management of the Southeast Atlantic red snapper fishery, claiming that regulators are not adequately taking action on dead discards from the recreational sector.

“This case challenges the ongoing lack of accountability for dead discards of red snapper in the South Atlantic Snapper-Grouper fishery, which directly harms commercial fishermen in that region and violates the Magnuson-Stevens Fishery Conservation and Management Act,” the lawsuit states.

Read the full article at SeafoodSource

NOAA releases draft update to ecosystem-based fisheries management roadmap

June 20, 2024 — NOAA Fisheries is now accepting public comments on its updated ecosystem-based fisheries management (EBFM) roadmap.

NOAA first established an EBFM roadmap in 2016 to provide guidance on the agency’s policy shift toward implementing ecosystem-level planning for the country’s fisheries. The management style involves setting quotas while also considering how an individual species fits into the wider ecosystem, rather than the status of an individual stock.

Read the full article at SeafoodSource

A Supreme Court ruling on fishing for herring could sharply curb federal regulatory power

January 11, 2024 — Fisheries regulation might seem to be unusual grounds for the U.S. Supreme Court to shift power away from federal agencies. But that is what the court seems poised to do in the combined cases of Loper Bright Enterprises vs. Raimondo and Relentless Inc. vs. Department of Commerce. The cases are scheduled for oral argument in tandem on Jan. 17, 2024.

The question at the core of both cases is whether the secretary of commerce, acting through the National Marine Fisheries Service and following the Magnuson-Stevens Fishery Conservation and Management Act, can require commercial fishers to pay for onboard observers whom they are required to take on some fishing voyages. In both cases, the plaintiffs assert that the Commerce Department has exceeded its legal authority. That claim turns on how much deference the court should give the agency’s interpretation of the Magnuson-Stevens Act.

Specifically, plaintiffs are challenging a nearly 40-year-old doctrine of federal administrative law, known as Chevron deference for the 1984 case in which it was set forth. This tenet provides that when a federal statute is silent or ambiguous about a particular regulatory issue, courts defer to the implementing agency’s reasonable interpretation of the law.

In other words, if the agency and federal courts disagree about the “best” interpretation of a federal law, the courts cannot force the agency to accept their version of what the statute means or allows, so long as the agency’s own interpretation is reasonable.

Read the full article at the Conservation

SCOTUS to put the administrative state under scrutiny

October 28, 2023 — The U.S. Supreme Court has agreed to hear two cases that call into question so-called “Chevron deference,” a judicial doctrine that has enabled government agencies to greatly expand their power beyond the authority granted by Congress.

The cases are Loper Bright Enterprises v. Raimondo and Relentless, Inc., v. Department of Commerce. Both nominally involve challenges to a rule promulgated by the National Marine Fisheries Service that required commercial fishermen to pay $710 per day for an at-sea monitoring program. The fishermen argued that a 1976 law, the Magnuson-Stevens Fishery Conservation and Management Act, did not authorize the service to create an industry-funded monitoring program.

But the issue the court has agreed to decide goes far beyond the fishing industry. The justices have chosen these cases to review whether it is now time to toss “Chevron deference” into the dustbin of history.

The Chevron doctrine dates to the Supreme Court’s 1984 decision in Chevron U.S.A., Inc., v. Natural Resources Defense Council, Inc. In that case, the justices created a legal test to determine when a court should defer to an administrative agency’s interpretation or decision. When an agency’s action was not unreasonable, and Congress had left the issue ambiguous, the justices said, a court should simply defer to the agency’s judgment.

Read the full article at the Orange County Register

Updates proposed for national standards for fisheries

September 7, 2023 — Comments are due by Sept. 12 on proposed updates to federal National Standards for commercial fisheries under the Magnuson-Stevens Fishery Conservation and Management Act, specifically those standards addressing allocations, communities and bycatch.

The National Standards are guidelines for regional fishery management councils on how to interpret and balance the 10 standards as they develop fishery management plans.

The marine resource consulting firm Ocean Strategies said in a statement released on Tuesday that reauthorization of the Magnuson-Stevens legislation is long overdue and a gridlock in Congress is preventing stakeholders from offering critical, time sensitive input to federal fishery management through reauthorization of that legislation.

Read the full article at the Cordoba Times

US Representative Jared Huffman: MSA reauthorization unlikely to pass this term

October 22, 2022 — The U.S. House of Representatives Natural Resources Committee on Water, Oceans, and Wildlife may have passed H.R. 4690 – the Sustaining America’s Fisheries for the Future Act, the latest attempt to reauthorize the Magnuson-Stevens Fishery Conservation and Management Act (MSA) – but U.S. Rep. Jared Huffman (D-California) told SeafoodSource the chances of it passing this session are slim.

The bill was approved by the committee on 29 September, 2022, leaving a relatively short time for it to pass through both the U.S. House and Senate before the end of the year, when the current congressional term expires.

Read the full article at SeafoodSource

Department of Commerce Announces 2022 Appointments to the Regional Fishery Management Councils

June 28, 2022 — The following was released by NOAA Fisheries:

The U.S. Department of Commerce today announced the appointment of 20 new and returning members to the regional fishery management councils that partner with NOAA Fisheries to manage marine fishery resources.

Established by the Magnuson-Stevens Fishery Conservation and Management Act, councils are responsible for developing region-specific fishery management plans that safeguard and enhance the nation’s fisheries resources. Council members represent diverse groups, including commercial and recreational fishing industries, environmental organizations, and academia. They are vital to fulfilling the act’s requirements to end overfishing, rebuild fish stocks, and manage them sustainably.

NOAA Fisheries works closely with the councils through the process of developing fishery management plans. We also review, approve, and implement the plans.

Each year, the Secretary of Commerce appoints approximately one-third of the total 72 appointed members to the eight regional councils. The Secretary selects members from nominations submitted by the governors of fishing states, territories, and tribal governments.

Council members are appointed to both state-specific and regional seats—also known as obligatory and at-large seats, respectively.  Council members serve a three-year term and may be reappointed to serve three consecutive terms.

* Asterisk following a member’s name indicates a reappointment

New England Council

The New England Council includes members from Connecticut, Maine, Massachusetts, New Hampshire, and Rhode Island. 2022 appointees will fill one obligatory seat for New Hampshire, and two at-large seats.

Obligatory seat

Peter Whelan (New Hampshire)

At-large seats

Eric Hansen (Massachusetts)

Richard Bellavance (Rhode Island)*

Mid-Atlantic Council

The Mid-Atlantic Council includes members from the states of Delaware, Maryland, New Jersey, New York, North Carolina, Pennsylvania, and Virginia. 2022 appointees will fill one obligatory seat for Delaware, and three at-large seats.

Obligatory seat

Paul ‘Wes’ Townsend (Delaware)*

At-large seats

Scott Lenox (Maryland)*

Peter Hughes (New Jersey)*

Ken Neill (Virginia)

South Atlantic Council

The South Atlantic Council includes members from Florida, Georgia, North Carolina, and South Carolina. 2022 appointees will fill two obligatory seats for North Carolina and South Carolina.

Obligatory seats

Robert ‘Tim’ Griner (North Carolina)*

Gary Borland (South Carolina)

Caribbean Council

The Caribbean Council includes members from Puerto Rico and the U.S. Virgin Islands. The 2022 appointee will fill one at-large seat.

At-large seat

James Kreglo (U.S. Virgin Islands)

Gulf Council

The Gulf Council includes members from Alabama, Florida, Louisiana, Mississippi, and Texas. 2022 appointees will fill two obligatory seats for Mississippi and Texas, and one at-large seat.

Obligatory seats

Michael McDermott (Mississippi)

Troy Williamson, II (Texas)*

At-large seat

Thomas Frazer (Florida)*

Pacific Council

The Pacific Council includes members from California, Idaho, Oregon, and Washington. The Pacific Council also includes one Tribal seat. 2022 appointees will fill one obligatory seat for Idaho, and one at-large seat.

Obligatory seat

Peter Hassemer (Idaho)*

At-large seat

Marc Gorelnik (California)*

North Pacific Council

The North Pacific Council includes members from Alaska and Washington. 2022 appointees will fill two obligatory seats for Alaska.

Obligatory seats

Angela Drobnica (Alaska)

Nicole Kimball (Alaska)*

Western Pacific Council

The Western Pacific Council includes members from American Samoa, Guam, Hawaii, and the Commonwealth of the Northern Mariana Islands. 2022 appointees will fill one obligatory seat for American Samoa, and two at-large seats.

Obligatory seat

William Sword (American Samoa)*

At-large seats

Judith Guthertz (Guam)

Shaelene Kamakaala (Hawaii)

 

WASHINGTON: Graves Pushes Biden Administration to Get Disaster Aid to Fishermen

February 2, 2022 — The following was released by The Office of Congressman Garret Graves:

U.S. Congressman Garret Graves is pushing U.S. Department of Commerce (DOC) Secretary Gina Raimondo to expedite “Fishery Disaster Determination” due to major damage related to impacts of Hurricanes Laura, Delta, Zeta, and especially Ida. Graves’ ask comes after a recent economic assessment verifies what we have been saying about the impact to our fishing communities. He is also working to reform the disaster designation process for the fishing community.

Immediately after Hurricane Ida, we worked to secure $200 million in federal funding for fisheries disaster assistance, but this down payment can’t be made available for rebuilding our resources until a fisheries disaster has been determined. Under law, only the U.S. Secretary of Commerce can make this determination.

“The recovery doesn’t just happen overnight and for every additional day that the bureaucratic process drags on, our fishers and associated small businesses can’t get back on their feet to rebuild their livelihood. Our fishermen have taken a pounding over the last several years. Hurricanes, floods, unfair trade practices, inflation, worker shortages and government over-regulation have taken their toll – all of which have been a major blow to our workforce and consumer demand. This report verifies what we have been saying about the hurricane impacts and clearly justifies the fisheries assistance we’ve already funded. We need to get assistance to our fishing communities and it has to happen in a timeframe that will actually provide immediate assistance,” Graves said.

DOC is able to declare the disaster provided by the provisions within the Magnuson-Stevens Fishery Conservation and Management Act and Interjurisdictional Fisheries Act. The declared disaster would provide targeted relief to one of the most impacted sectors of Louisiana’s economy. The funds would help both commercial and recreational fishers begin to recover.

Click here to read the letter.