Dustin Delano, chief operation officer of NEFSA, talks about how regulations hurt lobstermen after a court victory against the Biden administration.slapped the Biden administration with a lawsuit that says Congress and several unelected councils are unconstitutionally regulating and overseeing fisheries.
Two fishermen are suing the Biden administration, saying that unconstitutional regulatory councils put them at"the mercy of unaccountable bureaucrats who answers only to themselves.""In its zeal to regulate, however, Congress converted federal waters into Constitution-free zones, violating the Constitution in multiple respects – violations that are increasingly drawing judicial scrutiny," the lawsuit says.
The lawsuit states that as a result of such power designation, state rather than federal officials were given the authority to designate council members, leaving fishermen's fates in the hands of officials"insulated from democratic control and vulnerable to capture by narrow private interests." The lawsuit also cited Loper Bright Enterprises v. Raimondo, which fishermen are challenging the agency's power under the act to"force government observers onto fishing boats while making fishermen fund that federal surveillance."