Articles Posted in Bycatch

On July 24, 2024, the U.S. Supreme Court issued a ruling that could reshape fisheries management in Alaska. The decision, centered on trawl bycatch practices, underscores the ongoing tension between environmental conservation and commercial interests. By invoking the legal principle of Chevron deference, the Court has mandated stricter regulations on bycatch, which could have significant implications for both marine ecosystems and the fishing industry.

The case was brought forth by a coalition of environmental groups and Alaskan tribes, who argued that the National Marine Fisheries Service (NMFS) was not adequately regulating bycatch under the Magnuson-Stevens Fishery Conservation and Management Act (MSA). Bycatch is defined as the unintentional capture of non-target species during commercial fishing, which can result in substantial ecological harm. The plaintiffs contended that the NMFS’s regulations were insufficient to protect fish populations and the broader marine environment.

Chevron deference, a principle derived from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., played a crucial role in this decision. Chevron deference dictates that courts should defer to a federal agency’s interpretation of ambiguous statutory language, as long as that interpretation is reasonable. In this case, the Supreme Court evaluated whether the NMFS’s interpretation of the MSA was reasonable and whether it sufficiently addressed the issue of bycatch.