Saving Seafood

New Jersey fishermen challenge monitoring rule again

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.

Read the full article at SeafoodSource

Fishing monitor litigation continues with new appeal

September 8, 2025 — The legal fight over on-board fishing monitors, which sparked the demise of a decades-old legal theory last year, is continuing on in federal appeals court.

The New Civil Liberties Alliance is appealing a decision by the U.S. District Court for the District of Rhode Island, which found this summer — for a second time — that commercial fishing boat owners have to pay for monitors on their vessels to prevent over-fishing.

The district court ruling in the Relentless Inc. v. Department of Commerce case came after the fishing industry, represented by the NCLA, successfully argued before the Supreme Court that courts should no longer defer to federal agencies’ reading of ambiguous laws under what is known as Chevron deference.

Read the full article at E&E News

Court rules against feds in charterboat case

December 4, 2023 — There are enough federally permitted charterboat operations in Louisiana to warrant attention from the latest ruling by the U.S. Court of Appeals for the Fifth Circuit.

The ruling turns aside a U.S. Department of Commerce regulation which demanded these charterboat operators install a constant (24-hour) GPS tracking device on their vessels and report what opponents considered to be “confidential economic data” to the National Marine Fisheries Service.

The New Civil Liberties Alliance took up the cause for the Mexican Gulf Fishing Company, et al. (meaning more than 1,300 federally permitted charterboat operations) in a plea to the courts to have the requirement declared unconstitutional on a violation of the Fourth Amendment in the Bill of Rights.

Read the full story at The Advocate

Atlantic Fishermen in NCLA Video Explain the Need to Reel in NOAA’s at-Sea Monitor Rule

August 2, 2021 — The following was released by the New Civil Liberties Alliance:

The New Civil Liberties Alliance released a video today outlining why it is unconstitutional to force Atlantic herring fishermen to fund government-mandated monitors at sea. It is “the equivalent of having a cop in your car who’s policing you while you drive, and you have to pay his salary out of your own pocket,” said Meghan Lapp, Fisheries Liaison & General Manager for Seafreeze, Ltd. about the rule being challenged in Relentless Inc., et al. v. U.S. Dept. of Commerce, et al.

The Relentless Inc., Huntress Inc., and Seafreeze Fleet LLC are small businesses of high-capacity freezer trawlers incorporated in Rhode Island and Massachusetts that have commercially fished Atlantic herring as well as Loligo and Illex squids, butterfish, and Atlantic Mackerel for more than thirty years. The rule penalizes NCLA’s clients unfairly by making them pay for herring monitors even when fishing for other catches.

NCLA, a nonpartisan, nonprofit civil rights group, represents these private fishing companies in their lawsuit against the Department of Commerce (DOC), the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service (NMFS), and the New England Fishery Management Council (NEFMC). The at-sea monitor mandate, issued in 2018, is unlawfully “industry-funded.” These agencies do not have statutory authority from Congress to order additional industry funding for a program that the agencies think is underfunded, but they have issued a rule that threatens the livelihoods of fishermen regardless.

Earlier this week, NCLA presented oral argument before the U.S. District Court for the District of Rhode Island. Both sides have moved for summary judgment.

Read the full release here

Suit challenging new charter boat rules OK’d as class action

June 15, 2021 — Six captains and five companies from Florida and Louisiana can represent others in a lawsuit challenging new federal regulations for nearly 1,300 charter boats across the Gulf of Mexico, a federal judge has ruled.

U.S. District Judge Susie Morgan certified the suit early this month as a class action for the people who take small groups of anglers into the Gulf. She rejected an argument that some charter captains support the regulations.

“The claims and defenses of class representatives are typical of the claims of the class as a whole,” she wrote on June 2.

The lawsuit contends that privacy and other rights are violated by regulations which require permanently active tracking devices on the boats. The suit also challenges requirements to report information including the crew size, number of customers, the fee charged to each and the amount and price of fuel.

Although the regulations took effect in January, the government has not yet set a date for requiring the devices, said Judy Pino, spokeswoman for the nonprofit law firm New Civil Liberties Alliance, which represents the captains.

Read the full story at the Associated Press