Deep Dive 273 - A Discussion on NMFS’s Regulatory Authority: Whales, Speed Limits, and Legal Questions

The National Marine Fisheries Service (NMFS), an arm of the National Oceanic and Atmospheric Administration (NOAA), recently saw one of its major agency efforts that placed severe limits on the Maine lobster fishing industry in the name of protecting right whales from being entangled in fishing gear rejected by the DC Circuit Court of Appeals. The far-reaching impact of NMFS’s rule on the Maine $1.5 billion dollar lobster fishing <a href="https://www.npr.org/2023/01/04/1146637583/maine-lobster-industry-wins-reprieve-but-environmentalists-say-whales-will-die" target="_blank" rel="noreferrer noopener">industry</a> was widely reported, resulting in multiple <a href="https://www.foxnews.com/us/new-england-court-reinstates-ban-lobster-gear-protect-whales" target="_blank" rel="noreferrer noopener">lawsuits</a>, and congressional action before it was rejected by the appeals court, who <a href="https://www.foxnews.com/politics/maine-lobstermen-catch-big-court-victory-against-biden-administrations-egregious-regulations" target="_blank" rel="noreferrer noopener">chided</a> the federal agency for being “egregiously wrong” about its authority and assessments.<br /><br />NMFS's efforts to restrict the lobster fishing industry through the enactment of rules under both the Endangered Species Act and Marine Mammal Protection Act is part of a larger trend. NMFS is also <a href="https://www.slfliberty.org/southeastern-legal-foundation-opposes-speed-limits-on-boats-in-the-florida-gulf/" target="_blank" rel="noreferrer noopener">considering</a> putting a speed limit on recreational boats in the Florida gulf to protect Rice’s whales, and another proposal to impose a speed limit across nearly the entirety of the Eastern seaboard, which <a href="https://www.yahoo.com/entertainment/council-says-proposed-rule-rices-191925206.html" target="_blank" rel="noreferrer noopener">coastal communities</a>, <a href="https://thefishingwire.com/recreational-fishing-and-boating-community-opposes-vessel-speed-restrictions-in-the-gulf-of-mexico/" target