Search for: "THE NATIONAL MARINE FISHERIES SERVICE"
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17 Jan 2024, 4:52 pm
” The case at hand, Loper Bright Enterprises v Raimondo, considers whether the National Marine Fisheries Service can compel fishing vessels to pay the salaries of federal observers ensuring stocks are not overfished. [read post]
17 Jan 2024, 3:58 pm
The plea to overturn the Chevron doctrine came to the court in two cases challenging a rule, issued by the National Marine Fisheries Service, that requires the herring industry to bear the costs of observers on fishing boats. [read post]
17 Jan 2024, 5:04 am
In subsection (a), Congress set forth the detailed “national standards” that were to control the fishery management plans to be promulgated under the statute. [read post]
16 Jan 2024, 12:30 pm
The federal law at the center of the fishing companies’ challenge, the Magnuson-Stevens Act, gives the Secretary of Commerce and the National Marine Fisheries Service the power to “implement a comprehensive fishery management program. [read post]
10 Jan 2024, 2:12 pm
Considering this primary separation of powers rationale, I argued that decisions of independent agencies should receive less deference than those of executive branch agencies, say, for example, the Department of Commerce’s National Marine Fisheries Service, which rendered the decision at issue in Loper. [read post]
8 Jan 2024, 5:42 pm
Both cases are challenges to a federal rule that requires fisheries to pay the salaries of compliance [read post]
28 Dec 2023, 9:05 pm
In Loper Bright Enterprises, a group of fishermen seek to clarify the doctrine’s reach by challenging a National Marine Fisheries Service rule that requires fishermen to pay the salaries of at-sea monitors who collect scientific, economic, and regulatory compliance data. [read post]
28 Dec 2023, 6:01 am
Fish and Wildlife Service and National Marine Fisheries Service to identify species that are threatened or endangered and coordinate and implement recovery plans. [read post]
21 Dec 2023, 10:21 am
In Loper Bright Enterprises and Relentless, a group of fisherman and small fishing companies are challenging the ability of the National Marine Fisheries Service to require fishing vessel operators to pay the salaries of the federal observers who oversee the vessels’ operations while at sea. [read post]
30 Nov 2023, 6:00 am
On November 13, two advocacy organizations submitted a notice of intent to sue the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). [read post]
28 Sep 2023, 7:44 am
Raimondo (22-451) Arguments: To Be Scheduled This case is about the ability of the National Marine Fisheries Service, citing implied powers under an act of Congress, to require fishing vessel operators to pay the salaries of the federal observers who oversee the vessels’ operations. [read post]
21 Aug 2023, 1:13 pm
Public comment period concludes for proposed rulemakings on how Fish and Wildlife Service and National Marine Fisheries Service protect species and habitats [read post]
10 Aug 2023, 6:00 am
On Friday, August 4, 2023, the United States District Court for the District of Massachusetts granted summary judgment in favor of the National Marine Fisheries Service (“NMFS”) in the case of Melone v. [read post]
Dismissal of Louisiana’s Challenge to TED Requirement for Shrimping Vessels in State Waters Affirmed
6 Jul 2023, 12:06 pm
On June 15, 2023, the United States Court of Appeals for the Fifth Circuit held that the State of Louisiana lacked standing to challenge the National Marine Fisheries Service (NMFS) Final Rule requiring certain shrimping vessels in Louisiana waters to use turtle excluder devices (TEDs). [read post]
30 Jun 2023, 4:51 am
I have not conducted an analysis of the statutes and other factors and circumstances at issue in Loper, but even if it is the case that Chevron deference does not apply to the National Marine Fisheries Service (“NMFS”) rule at issue in Loper on the basis that there are no indications that could reasonably uphold a presumption that Congress implicitly delegated authority to the NMFS to require fishing vessels to… [read post]
28 Jun 2023, 6:00 am
Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services), issued three sets of proposed revisions to their Endangered Species Act (ESA) regulations addressing: (1) interagency consultations under ESA section 7; (2) the procedures and criteria for listing, reclassifying, delisting, and designating critical habitat for species under ESA section 4; and (3) reinstatement of USFWS’s blanket ESA… [read post]
23 Jun 2023, 12:30 pm
Lobstermen sue the National Marine Fisheries Service, alleging that new rules designed to protect North Atlantic right whales from entanglement in fishing gear exceed the agency's power under the Endangered Species Act because its projections of population decline are too pessimistic. [read post]
20 Jun 2023, 6:00 am
The National Marine Fisheries Service (NMFS) issued the biological opinion in 2021 analyzing the ... [read post]
19 Jun 2023, 9:05 pm
Last month, the Supreme Court decided it would hear a case contesting a National Marine Fisheries Service (NMFS) rule requiring certain regulated fishing vessels not only to carry federal monitoring personnel onboard, but also to pay the salaries of these monitors if federally funded inspectors are unavailable. [read post]
19 Jun 2023, 10:15 am
National Marine Fisheries Service. [read post]
