ELR Citation: 53 ELR 20032
No(s). 22-30105 (5th Cir. Feb 23, 2023)

The Fifth Circuit reversed summary judgment for NOAA and NMFS in a challenge to the agencies' rule requiring charter boat owners to install NMFS-approved vessel monitoring systems (VMSs) to track the vessels' GPS locations. Charter boat captains argued the rule's tracking requirement exceeded the authority granted by the Magnuson-Stevens Act (MSA), violated the APA, and violated the Fourth Amendment. A district court granted summary judgment for the agencies. On appeal, the appellate court found the MSA did not authorize the agencies to promulgate the requirement because the VMS was not "necessary and appropriate for the conservation and management of the fishery"; that they committed multiple, independent APA violations; and that they likely violated the Fourth Amendment. It reversed the district court's judgment, and held unlawful and set aside the rule.