Tag Archives: U.S. Dept. of Commerce
Three NJ herring fishermen made history at the Supreme Court, but their fight isn’t over
Three herring fishermen from Cape May fought the law all the way to the U.S. Supreme Court and won. In doing so, the three men overturned the 40-year-old U.S. Supreme Court, thus making it easier for them and others to challenge federal regulations in court. But their battle is not over. The fishermen are challenging what they say is an unlawful requirement that forces them to surrender 20% of their earnings to pay at-sea monitors, who gather information that is used to regulate their industry. That worked out to as much as $700 a day, which is more pay than the crews take home sometimes. The requirement was imposed on them by an executive branch agency — in this case the U.S. Dept. of Commerce, which oversees the National Oceanic and Atmospheric Administration, which in turn regulates the nation’s fisheries. The at-sea monitors were never approved by Congress, but due to the so-called Chevron deference, the fishermen were handicapped to fight the rule, because the courts always deferred to the regulatory agencies. more, >>CLICK TO READ<< 06:50
Fishermen in NCLA Video Explain the Need to Reel in NOAA’s at-Sea Monitor Rule
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. NCLA, a nonpartisan, nonprofit civil rights group, represents these private fishing companies,,, The at-sea monitor mandate, issued in 2018, is unlawfully “industry-funded.” >click to read< 08:50
NCLA Seeks Summary Judgment in Case Challenging NOAA’s Unlawful at-Sea Monitor Mandate
The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, has filed a motion asking the U.S. District Court for the District of Rhode Island to award summary judgment in favor of NCLA’s clients in Relentless Inc., et al. v. U.S. Dept. of Commerce, et al. NCLA argues that the U.S. Department of Commerce, the National Oceanic and Atmospheric Administration (NOAA), and the National Marine Fisheries Service have no power to make fishermen pay for monitors the government puts on their boats. So, NCLA is asking the Court to declare NOAA’s regulation seeking to implement an industry-funded, at-sea-monitor mandate on the nation’s Atlantic herring fishermen unconstitutional and set it aside. >click to read<20:31
