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Gulf Fishermens Ass'n v. National Marine Fisheries Service

ELR Citation: 48 ELR 20175
Nos. 16-1271, (E.D. La., 09/25/2018) (Milazzo, J.)

A district court ruled in favor of fishermen's challenge to NMFS regulations regarding offshore aquaculture in federal waters of the Gulf of Mexico. The fishermen argued that the regulations were facially invalid because they fall outside the agency's authority to regulate fisheries under the Magnuson-Stevens Fishery Conservation and Management Act. The court determined that Congress did not intend for the Act to grant NMFS the authority to regulate aquaculture, and that the agency acted outside of its authority in shoehorning an entire regulatory scheme into a single unambiguous word under the Act. The court therefore granted the fishermen's motion for summary judgment.