Tag Archives: 5th U.S. Circuit Court of Appeals

Courts threaten to sink federal fishery monitoring

June 5, 2023   Gulf of Mexico, Mid Atlantic, National, Pacific

NOAA suffered a major blow in February when a three-judge panel of the 5th U.S. Circuit Court of Appeals in Louisiana threw out a rule that would have required charter boats in the Gulf of Mexico to be equipped with electronic monitors to report fish catches. Fishermen complained that the devices would cost them as much as $3,000 per boat. And the agency may be poised for an even bigger setback from the Supreme Court. Justices last month said they would take up a case that could decide whether NOAA has the legal authority to force New England herring fishermen to hire third-party contractors to monitor their fishing at a cost of up to $700 per day. >click to read< 13:55

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NOAA can’t make rules for offshore fish farms

August 3, 2020   Gulf of Mexico, Mid Atlantic, National, New England, Pacific, South Atlantic

A federal appeals court in New Orleans has upheld a decision that throws out rules regulating fish farms in the Gulf of Mexico. The law granting authority over fisheries to the National Oceanic and Atmospheric Administration does not also let the agency set rules for offshore fish farms, the 5th U.S. Circuit Court of Appeals said in its 2-1 decision on Monday. “I think this is the final nail in the coffin for industrial aquaculture in federal waters unless Congress gives authority,” said George Kimbrell, who represented opponents of the plan as legal director for the Center For Food Safety. >click to read< 21:47

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Future of offshore fish farming in federal waters at issue in court

January 7, 2020   Gulf of Mexico, Mid Atlantic, National, New England, North Pacific, Offshore Wind/Industrialization, Pacific, South Atlantic

The potential environmental and economic consequences posed by proposals for fish farming in federal waters dictate that Congress — not a federal agency — must decide how to regulate the industry, an attorney told a federal appeals court Monday. At issue before the 5th U.S. Circuit Court of Appeals was a September 2018 ruling by a federal judge who threw out National Oceanic and Atmospheric Administration’s rules for fish farms in the Gulf of Mexico, saying Congress never gave the agency authority to make them. >click to read< 14:58

Meet Chris Schillaci who Joins Greater Atlantic Region’s Aquaculture Program! – In December, Chris Schillaci joined the Greater Atlantic Region’s aquaculture program, bringing ten years of experience to his new role. We asked Chris a few questions as he was settling in. >Click to read<

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