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Legacy Fishing v. National Marine Fisheries Service - Fishing Regulation Challenged After Feds Fail to Comply with the RFA

Author: R Stell Date: December 28, 2007

United States District Court for the District of Columbia

The plaintiffs, two small Alaskan fishing vessels, are challenging a new rule issued by the National Marine Fisheries Service which would require significant expenditures to conform to new monitoring requirements in the Alaskan region. NMFS imposed the monitoring requirements with no discussion of how much they cost or whether there are cheaper and acceptable alternatives that would work better for smaller fishing vessels. In its Regulatory Flexibility Act analysis, NMFS refused to even acknowledge that any small businesses would be subject to the new rule. The Legal Foundation filed an amicus brief in support of the small vessels that challenges NMFS' RFA analysis and calls for the rule to be revoked. 

Status: DECIDED. Amicus brief filed Sept. 15, 2006. Court rejected fishing vessels' claims March 20, 2007.

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