July 26, 2023 — Several New Jersey commercial herring fishermen say they don’t think it’s fair that a federal rule forces them to pay over 20% of their earnings to cover the salary of the government’s at-sea monitors who ride on their boats. And their case, now going before the U.S. Supreme Court, has a chance of upending the way federal laws are made and shifting power from the White House back to Congress.
The at-sea monitors collect scientific, management and regulatory compliance and economic data and report back to the government. They also focus on the discarded catch, or fish that are thrown back because they’re not the target species or are undersized, for example. The data is used for the management and monitoring of the annual catch limits.
The fishermen concede federal law allows the government to require at-sea monitors on their boats, but they argue Congress never gave the executive branch further authority to pass monitoring costs onto the herring fishermen. They contend that the National Oceanic and Atmospheric Administration, which manages the nation’s fisheries, has abused its power.
“It’s humbling that a few herring fishermen like us could bring such an important case to the nation’s highest court,” said Stefan Axelsson, one of the fishermen who brought the case. “If the government can do this to fishermen trying to make an honest living, they can do it to anyone.”