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Environment & Energy Report

Herring Fishermen Challenge Rule Requiring At-Sea Monitors

Feb. 19, 2020, 11:03 PM

The U.S. Department of Commerce violated federal administrative law by requiring at-sea monitors for herring fishing and making the industry pay for them, a group of New Jersey fishermen say in a new federal lawsuit.

The Secretary of Commerce’s approval of a final rule, and a related omnibus amendment, is arbitrary and capricious, according to the lawsuit filed Wednesday by the fishing company Loper Bright Enterprises Inc. and others in the U.S. District Court for the District of Columbia.

The fishermen say the department’s actions requiring that they provide contract monitors on their boats also violates the Magnuson-Stevens Act, which...

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