April 15, 2019 — The D.C. Circuit on Friday upheld the government’s method of counting fish and other sea life that are unintentionally swept up in commercial fishing nets.
Fishing boats often throw back this unwanted haul, known as bycatch, but the creatures often do not survive the ordeal. Concerned about the impact to the undersea habitat, Congress has required the National Marine Fisheries Service to develop a way of counting bycatch.
The NMFS changed its method for counting bycatch in 2015, after a court struck down an earlier change because it included a provision that allowed the government to go around the normal method if it had a budget shortfall. Because the agency controlled the amount of money that went towards counting bycatch, the D.C. Circuit held the policy was not the standardized method Congress had called for.