The U.S. Supreme Court will take up a challenge to federal regulations requiring Atlantic herring fishermen to pay for at-sea monitors out of pocket, the court announced 1 May, 2023.
The lawsuit was brought by fishermen from the U.S. state of New Jersey in response to a rule adopted the New England Fishery Management Council (NEFMC) in 2020, which required some fishermen to carry and pay for at-sea monitors on their vessels. While the government argued the monitors were necessary to collect data for the government and ensure adherence to regulations, some fishermen argued that paying for at-sea monitors, which could cost up to USD 700 (EUR 638) per day, was financially crippling for their businesses.
Nonprofit legal group Cause of Action Institute and former Solicitor General Paul Clement responded by filing suit on behalf of several fishermen. However, neither the Washington D.C. Federal District Court nor the Washington D.C. Federal Circuit Court agreed with the plaintiffs, siding instead with U.S. regulators. A similar case filed by New Hampshire fishermen in 2015 lost on a technicality…