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

U.S. Supreme Court declines to hear case that could have upended Alaska subsistence fishing

January 15, 2026 — The U.S. Supreme Court has rejected the state of Alaska’s latest attempt to alter Alaska’s decades-old system of subsistence fishing management.

In a one-sentence order Monday, the court said it will not review a decision by the 9th U.S. Circuit Court of Appeals, which ruled in August that Alaska cannot manage fishing on a stretch of the Kuskokwim River that flows through the Yukon Delta National Wildlife Refuge.

If the Supreme Court had taken up the case, it could have redefined Alaska’s unique system of hunting and fishing management, which allows the federal government to restrict subsistence hunting and fishing on federal land to rural Alaskans. The state is forbidden by the Alaska Constitution from offering the same preference.

Alaska Native organizations, including the Alaska Federation of Natives, praised the court’s decision, but the commissioner of the Alaska Department of Fish and Game said by email that it would continue to work with the federal government on the issue.

Read the full article at Alaska Public Media

US Supreme Court rejects Alaska’s petition to overturn federal authority over subsistence fishing

January 12, 2026 — The U.S. Supreme Court has denied a petition from the state of Alaska seeking to limit federal authority over regulating subsistence fishing on federal lands in the state.

The Supreme Court’s decision to not take up the case leaves a prior ruling from the Ninth U.S. Circuit Court of Appeals – which rejected Alaska’s arguments and kept the federal government’s regulatory authority intact – in place.

Read the full article at SeafoodSource

Op-ed: A momentous US Supreme Court decision

January 7, 2026 — When I was an economics major in the late 1960s, I was taught that tariffs, as well as non-tariff barriers, should be avoided as a burden on trade and a tax on the populace. However, because the world has not accepted that teaching and tariffs have become a major defensive tool for advancing the Trump administration’s policy objectives, the conventional wisdom should be reconsidered.

Today, there are over 180 nation-states trying to be competitive on the world markets for goods and services, 35 percent of which are represented by the United States. Consequently, access to our markets is extremely important. U.S. tariffs provide critical, indispensable leverage against unfair foreign trade practices, including tariffs and nontariff barriers to our exports, and unfair penetration of our markets to the detriment of domestic production and jobs. Lessons can be drawn from trade experiences with two of America’s closest allies: Japan and Canada.

Japan, over the last 40 months, has devalued its currency against the U.S. dollar by 50%, from 105 to 155 yen to the dollar. This means that Japan has effectively established the equivalent of a 50% tariff on all international imports.

Read the full article at National Fisherman

Alaska, US government file briefs with Supreme Court in battle over preferential treatment for rural subsistence fishers

December 29, 2025 — The U.S. federal government, the state of Alaska, and the Association of Village Council Presidents (AVCP) have filed briefs with the U.S. Supreme Court in their ongoing battle over a subsistence fishing system which prioritizes rural Alaskans.

“Subsistence is not just a word on paper. It is the heart of our communities, families, elders, and children,” AVCP CEO Vivian Korthuis said in a release. “The state’s continued attacks on these rights are a direct challenge to our traditions and values. Every salmon counts, and we hope that the United States Supreme Court will affirm what we already know to be true. We will continue to advocate for our people, our waters, and Our Way of Life for as long as it takes.”

Read the full article at SeafoodSource

Chevron’s demise could snarl Trump environmental agenda

December 16, 2025 — A new slate of environmental rollbacks from the Trump administration are poised to serve as early tests of a recent Supreme Court ruling that limited federal agencies’ power to defend their rules against legal attack.

Over the last few weeks, EPA and the Interior Department have floated rescissions of protections for federal waters, vulnerable species and climate change.

Each proposal presents a dramatic change in position from earlier regulations, and in the absence of Chevron deference — which gave agencies the benefit of the doubt when statutes are unclear — the Trump administration will have to make the case that its approach is the best interpretation of federal law.

Read the full article at E&E News

Alaska asks US Supreme Court to weigh in on subsistence fishing dispute with federal officials

September 18, 2025 — After losing its case before the 9th U.S. Circuit Court of Appeals, the state of Alaska is asking the U.S. Supreme Court to weigh in on its subsistence fishing system, which gives preferential treatment to rural Alaskans.

“Alaska’s fisheries are among the most bountiful in the world, sustaining tens of thousands of livelihoods through commercial, sport, and subsistence fishing. Yet, the Ninth Circuit’s decision deepens a fractured system that undermines conservation, creates confusion, and threatens equitable access for all Alaskans. Salmon don’t recognize federal and state boundaries; our management shouldn’t either. We remain committed to sustainable management and will continue fighting for a system that works for every Alaskan. The Court should decide this case and reverse the Ninth Circuit,” Alaska Fish and Game Commissioner Doug Vincent-Lang said in a release.

Read the full article at SeafoodSource

Federal appeals court preserves Alaska’s two-tier system for subsistence fishing management

August 22, 2025 — Alaska’s current subsistence fishing program can continue without changes, according to a Wednesday opinion by a three-judge panel of the 9th U.S. Circuit Court of Appeals.

The ruling allows the federal government to continue offering preferential fishing rights to rural Alaskans — mostly Alaska Natives — who live a subsistence lifestyle.

That preference exists only in public waters under federal control, not in state waters, because federal law requires the preference but the Alaska Constitution forbids state officials from implementing it.

In their 40-page opinion, the judges said that recent U.S. Supreme Court rulings do not mandate a change in the way the state and federal governments split management of fish and game in Alaska.

Read the full article at the Alaska Beacon

Despite commercial fishers’ US Supreme Court victory, district court upholds at-sea observers rule

July 22, 2o25 — A U.S. District Court has upheld a rule requiring commercial fishers to pay for at-sea monitors, despite the case playing a role in the U.S. Supreme Court overturning the Chevron deference last year.

The Chevron deference is a longstanding judicial precedent that instructed courts to give federal agencies wide latitude in interpreting the laws passed by Congress. While the Supreme Court ruled in favor of two separate lawsuits brought by commercial fishermen in overturning the Chevron deference, the lower U.S. District Court for the District of Rhode Island has determined that the fishing regulation at the heart of one of those cases will remain in place.

Read the full article at SeafoodSource

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