ELR Citation: 55 ELR 20015
No(s). 24-1480 and 24-1481 (1st Cir. Jan 30, 2025)

The First Circuit reversed a district court ruling in a challenge to NMFS' 2024 rule finalizing a 2022 emergency rule that seasonally banned vertical buoy lines used in lobster and Jonah crab trap fishing from certain federal waters off Massachusetts to reduce risk of injury or death to the endangered North Atlantic right whale. A group of fishermen argued the final rule conflicted with a temporary status authorization for lobster and Jonah crab fishing contained in a rider to the Consolidated Appropriations Act of 2023. The district court held the final rule was "void and unenforceable" under the rider because it was not "in place" on December 29, 2022, when the rider became law. The appellate court concluded the final rule was "in place" on December 29, 2022, and therefore was permitted by an exception to that authorization contained in the same rider. It reversed the district court ruling and remanded for further proceedings.