February 27, 2023 — An appeals court has struck down a federal fisheries management rule requiring operators of privately owned charter boats in the Gulf of Mexico to equip their vessels with tracking devices, a victory for a group of Louisiana and Florida charter operators who challenged the rule in a 2020 lawsuit.
Thursday’s ruling by a panel of the 5th U.S. Circuit Court of Appeals in New Orleans reversed a lower court decision upholding the regulation, which had been developed to help regulators keep track of the amount of fish caught on recreational charter vessels.
Rejecting government arguments, the panel said that tracking devices are not the type of equipment regulators can require on recreational vessels under a federal fishing regulation law passed by Congress — the Magnuson-Stevens Act.