Fishermen take case against paying for monitors to SCOTUS

PORTLAND, Maine (AP) — A group of commercial fishermen is asking the U.S. Supreme Court to stop the federal government from making them pay for workers who gather data aboard fishing boats.

The fishermen harvest Atlantic herring off the East Coast and are opposed to a 2020 rule implemented by the National Oceanic and Atmospheric Administration that requires the industry-funded monitoring. The monitors are workers who collect data on board fishing vessels that are important for informing regulations.

The fishermen, led by main plaintiff Loper Bright Enterprises of New Jersey, have argued that the requirement forces them to pay more than $700 per day to third-party contractors, and that makes fishing financially unsustainable. They've lost in lower court rulings, and filed a petition with the high court on Thursday.

“Making these vessels pay to have the observer coverage on them just decreases hardworking fishermen's wages and makes it less attractive for vessels to continue,” said Wayne Reichle, president of Lund's Fisheries of New Jersey and an owner of two of the boats that are plaintiffs in the case. “In some cases, it prevents them from fishing.”

The fishermen have made the case that Congress never gave federal regulators the authority to require the expense of paying for the monitors. The price of at-sea monitoring, and who must pay for it, is a longstanding source of tension between commercial fishermen and regulators.

The monitors are on board to collect data about subjects such as bycatch and check for regulatory compliance.

Attorneys for the fishermen have said the case has the potential to set a precedent by overruling "Chevron deference," which the U.S. Department of Justice has described as providing “principles to determine the extent to which a court...