ELR Citation: 52 ELR 20027
No(s). 20-2312 (E.D. La. Feb 28, 2022) (Morgan, J.)

A district court denied summary judgment for a class of Gulf of Mexico for-hire charter boat owners and operators in a challenge to NMFS' 2020 rule requiring them to submit electronic fishing reports and use GPS tracking systems for all fishing trips. Plaintiffs argued NMFS violated the APA's notice-and-comment requirements because nothing in the Service's notice of proposed rulemaking provided notice that reporting of the charter fee, the fuel price and estimated amount of fuel used, the number of paying passengers, and the number of crew for each trip would be required. The court found that based on the information in the notice of proposed rulemaking, the comments received, and the data in an amendment referenced in the notice, plaintiffs should have been on notice that NMFS was considering the extent of the data to be collected, including socioeconomic data. Plaintiffs also argued the rule's tracking requirement exceeded statutory authority because the Magnuson-Stevens Fishery Conservation and Management Act (MSA) authorized the collection of information needed to implement fishery management plans (FMPs), but not the requirement that fishermen purchase the equipment needed to collect that information. The court found that the MSA authorized FMPs to require fishermen to bear the costs of the tracking equipment. It denied summary judgment for plaintiffs and granted NMFS's cross-motion.