Magnuson–Stevens Fishery Conservation and Management Act

U.S. Supreme Court Agrees to Hear NCLA Relentless Case Challenging Chevron Deference

Retrieved on: 
Friday, October 13, 2023

Washington, D.C., Oct. 13, 2023 (GLOBE NEWSWIRE) -- Today, the U.S. Supreme Court agreed to hear the New Civil Liberties Alliance’s Relentless Inc., et al.

Key Points: 
  • Washington, D.C., Oct. 13, 2023 (GLOBE NEWSWIRE) -- Today, the U.S. Supreme Court agreed to hear the New Civil Liberties Alliance’s Relentless Inc., et al.
  • The case will be argued before the U.S. Supreme Court during the January 2024 argument session in tandem with the case of Loper Bright Enterprises, et al.
  • In Relentless and Loper Bright, the U.S. Supreme Court will consider whether to overrule Chevron.
  • NCLA was founded to right this wrong, and we look forward to doing so at the U.S. Supreme Court for our clients and all Americans.”

NCLA Amicus Brief Challenges Supreme Court to Deep-Six Chevron Deference and at-Sea Monitor Rule

Retrieved on: 
Monday, July 24, 2023

NCLA’s amicus brief—co-authored by founder Philip Hamburger—makes important arguments against Chevron deference that the Court has never evaluated.

Key Points: 
  • NCLA’s amicus brief—co-authored by founder Philip Hamburger—makes important arguments against Chevron deference that the Court has never evaluated.
  • Last month, NCLA filed a petition for a writ of certiorari with the Supreme Court challenging the same Final Rule and Chevron in Relentless v. Dept.
  • of Commerce give the Supreme Court every opportunity to correct its Chevron error, restoring judicial independence and due process.
  • Absent Chevron deference, no judge would read the Magnuson-Stevens Act to authorize forcing these fishermen to pay for at-sea monitors.”

NCLA Cert Petition Joins Effort Asking U.S. Supreme Court to Overturn Chevron and Scrap Fishy Rule

Retrieved on: 
Wednesday, June 14, 2023

Unfortunately, relying on Chevron deference to do the heavy lifting, the First Circuit Court of Appeals upheld that rule.

Key Points: 
  • Unfortunately, relying on Chevron deference to do the heavy lifting, the First Circuit Court of Appeals upheld that rule.
  • Today, the New Civil Liberties Alliance petitioned the U.S. Supreme Court for a writ of certiorari in Relentless Inc., et al.
  • of Commerce, et al., seeking to overturn the Chevron precedent and vacate the rule.
  • But even if the Court does not grant cert in Relentless, NCLA still anticipates the Court will decide the Chevron question in Loper Bright’s favor.

In NCLA Win, Fifth Circuit Tosses Back NMFS Rule Trying to Track Charter Boats Without a Warrant

Retrieved on: 
Friday, February 24, 2023

NCLA represents more than 1,300 federally permitted charter boat owners in the class-action lawsuit, Mexican Gulf Fishing Company v. U.S. Department of Commerce.

Key Points: 
  • NCLA represents more than 1,300 federally permitted charter boat owners in the class-action lawsuit, Mexican Gulf Fishing Company v. U.S. Department of Commerce.
  • NCLA also complained that the rule required reporting economic data that had nowhere been specified by the agencies in proposing the rule for comment.
  • NCLA commends the Fifth Circuit for recognizing the financial and privacy costs associated with NMFS’s ill-conceived regulation.
  • As the Fifth Circuit held, government agencies are not free to duck hard questions, nor may they avoid considering a rule’s costs and benefits.

Rhode Island Herring Fishermen Encourage Supreme Court Review of NMFS’s at-Sea Monitor Rule

Retrieved on: 
Friday, December 16, 2022

The New Civil Liberties Alliance represents amici here as parties in Relentless Inc., et al.

Key Points: 
  • The New Civil Liberties Alliance represents amici here as parties in Relentless Inc., et al.
  • Without statutory language authorizing it, NMFS implemented a rule forcing regulated fishers to pay the salary of federal observers who track their catch.
  • The Supreme Court should grant certiorari to ensure the MSA is interpreted uniformly in all the nation’s fisheries.
  • This disturbing development may metastasize if not stopped by the Supreme Court now.

Shark Fin Soup to be Taken off the Menu in the U.S., Legislation Passed Senate and Headed to Biden's Desk

Retrieved on: 
Friday, December 16, 2022

“Congress has taken shark fins off the menu,” said Wayne Pacelle, president of Animal Wellness Action and the Center for a Humane Economy, in celebrating Senate passage Thursday night of the shark protection measure.

Key Points: 
  • “Congress has taken shark fins off the menu,” said Wayne Pacelle, president of Animal Wellness Action and the Center for a Humane Economy, in celebrating Senate passage Thursday night of the shark protection measure.
  • The Senate passed the defense bill 83 – 11, following a similarly lopsided vote in the House a few days ago.
  • The Shark Fin Sales Elimination Act will halt the domestic trade in fins, used primarily as the centerpiece ingredient in shark-fin soup.
  • “Shark finning conjures up cruelty and wanton destruction of the medieval era,” added Mr. Pacelle.

Global Omega-3 Product Market to Reach $4 Billion by 2028 - ResearchAndMarkets.com

Retrieved on: 
Thursday, December 15, 2022

The "Global Omega-3 Product Market Size, Segments, Outlook, and Revenue Forecast 2022-2028 by Product Type, Source, Application, and Region" report has been added to ResearchAndMarkets.com's offering.

Key Points: 
  • The "Global Omega-3 Product Market Size, Segments, Outlook, and Revenue Forecast 2022-2028 by Product Type, Source, Application, and Region" report has been added to ResearchAndMarkets.com's offering.
  • Moreover, allergies related to fish oil and complex extraction procedure is also restraining the Omega-3 Product Market growth.
  • Omega-3 has been proven beneficial in boosting immunity to help fight COVID-19 and has increased the growth of the omega-3 product market.
  • In addition, the report also covers market size and forecasts for the four regions in the Omega-3 Product Market.

NCLA Files Fifth Circuit Appeal to Stop Unlawful 24/7 Tracking of Gulf of Mexico Charter Boats

Retrieved on: 
Tuesday, May 3, 2022

The appeal challenges a Final Rule issued by the National Marine Fisheries Service (NMFS) pursuant to the Magnuson-Stevens Act.

Key Points: 
  • The appeal challenges a Final Rule issued by the National Marine Fisheries Service (NMFS) pursuant to the Magnuson-Stevens Act.
  • It requires 24-hour GPS tracking of recreational charter boat fishing vessels in the Gulf of Mexico.
  • On August 20, 2020, Appellants filed a class-action suit challenging the Final Rule as unconstitutional and unlawful.
  • The imposition of permanent 24-hour-a-day electronic tracking of charter boats is a novel and dangerous government intrusion into Americans private lives.

NCLA Asks First Circuit to Set Aside NOAA’s Unlawful Rule Forcing Industry to Fund at-Sea Monitors

Retrieved on: 
Tuesday, February 1, 2022

The New Civil Liberties Alliance has filed an opening brief in the appeal of Relentless Inc., et al.

Key Points: 
  • The New Civil Liberties Alliance has filed an opening brief in the appeal of Relentless Inc., et al.
  • of Commerce, et al., in the U.S. Court of Appeals for the First Circuit.
  • NCLA argues that the federal agencies cannot fund their operations through this mandate, outside of Congressional appropriations.
  • NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State.

Canada is failing fisheries: Fewer than one-third considered healthy

Retrieved on: 
Tuesday, November 16, 2021

Fewer than one-third of Canadas fisheries are considered healthy (30.4 per cent, compared to 34.5 in 2017).

Key Points: 
  • Fewer than one-third of Canadas fisheries are considered healthy (30.4 per cent, compared to 34.5 in 2017).
  • Of the latter, nearly 80 per cent lack the rebuilding plans required under Fisheries and Oceans Canada (DFO) policy that should outline when, how and what is needed to build them back to healthy levels.
  • Canada must do the same, said Dr. Robert Rangeley, Science Director, Oceana Canada.
  • Oceana Canada was established as an independent charity in 2015 and is part of the largest international advocacy group dedicated solely to ocean conservation.