November 23, 2023 — A conservative legal foundation filed its opening papers in a U.S. Supreme Court case on behalf of Rhode Island fishermen, challenging a National Oceanic and Atmospheric Administration rule requiring herring fishermen to pay for at-sea government monitors on their fishing boats.
Lawyers with the New Civil Liberties Alliance worked with Point Judith, R.I., fishermen who operate companies Relentless, Inc., Huntress, Inc., and Seafreeze Fleet, LLC to develop the case, now dubbed Relentless v. Department of Commerce. The high court is scheduled to hearing oral arguments Jan. 17.
The Relentless case is proceeding in tandem with a similar case that another activist group, the Cause for Action Institute, is bringing to the Supreme Court on behalf of Loper Bright Enterprises and other Cape May, N.J. herring fishermen.
The cases challenge a 2020 rule imposed by NOAA that required vessel operators to pay for observers on their vessels at sea, at a cost that owners say can exceed $700 daily and sometimes exceed the money they make from landing low-priced herring.
NOAA waived the rule earlier this year as it ran short of money to administer the program. But fishermen want to make sure the observer requirement is not renewed, and conservative advocacy groups see their cause as a chance to overturn a long-standing precedent called the “Chevron deference.”