Podcasts > Morning Wire > A Win Against Government Overreach: Chevron Deference & the Fishing Industry | 7.6.24

A Win Against Government Overreach: Chevron Deference & the Fishing Industry | 7.6.24

By The Daily Wire

In this episode of the Morning Wire podcast, challenges facing the fishing industry are examined. With the rising costs of purchasing fish quota and paying for government observers often outweighing profits, fishermen struggle to sustain their livelihoods. The recent Supreme Court ruling overturning the Chevron deference doctrine, which limited agencies' powers of legal interpretation, is explored as a win against perceived government overreach in the industry.

The need for better data collection through incorporating fishermen's first-hand knowledge and reviving educational programs is emphasized. As the traditional mentor-based model declines, training the next generation of fishermen in sustainable practices is highlighted as crucial for the industry's survival.

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A Win Against Government Overreach: Chevron Deference & the Fishing Industry | 7.6.24

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A Win Against Government Overreach: Chevron Deference & the Fishing Industry | 7.6.24

1-Page Summary

The Decline of the Fishing Industry

The fishing industry has faced a steady decline since 2000 due to lack of newcomers, according to the summary. Fishermen are now required to buy fish quota and accommodate government observers, often at a financial loss.

Costly Requirements for Fishermen

To keep vessels active, fishermen must purchase fish quota, Leeman notes. But the cost is so high it often exceeds profits from their catches. Additionally, paying for government observers' wages, food, and lodging surpasses crew earnings.

Government Oversight and Regulations

Leeman criticizes the move to 100% observer coverage, arguing violations don't justify such oversight. He says fishermen pay observers, many inexperienced, to monitor activities—an overreach.

Fishermen also report seeing abundant fish, conflicting with government surveys suggesting declining stocks. This disconnect leads to restrictive quotas misaligned with fishermen's experiences.

Relentless Inc. vs Commerce Department Case

The case challenged the requirement for fishermen to pay observers. The Supreme Court ruling overturned the Chevron deference doctrine, limiting federal agencies' power to interpret laws without checks.

Improving Data and Education

Leeman advocates incorporating fishermen's first-hand knowledge into scientific models for better data. He notes the lack of training for the next generation as traditional mentorships decline.

Reviving educational programs on fishing methods, gear, and sustainability could sustain the industry, Leeman suggests. Such programs were once more available but have since vanished.

1-Page Summary

Additional Materials

Counterarguments

  • The decline in newcomers to the fishing industry may not solely be due to financial barriers; changing societal values and career preferences could also play a role.
  • The requirement for fishermen to buy fish quota could be seen as a necessary measure to prevent overfishing and protect fish populations.
  • The costs associated with government observers might be justified if their presence significantly contributes to sustainable fishing practices and long-term industry health.
  • The move to 100% observer coverage could be based on a broader set of data and incidents that justify the need for increased oversight.
  • Fishermen's anecdotal reports of abundant fish may not accurately reflect overall fish populations, which can be influenced by factors like localized overfishing or temporary aggregations.
  • Restrictive quotas might be based on scientific models that take into account the long-term sustainability of fish stocks rather than short-term observations.
  • The Supreme Court ruling on the Chevron deference doctrine could have implications that extend beyond the fishing industry, potentially affecting environmental protection and public health regulations.
  • While incorporating fishermen's knowledge into scientific models is valuable, it should be balanced with empirical data to ensure objectivity and accuracy.
  • The decline of traditional mentorships might be addressed through modernized training programs that leverage technology and new educational methods.
  • The need for educational programs on fishing methods, gear, and sustainability could be met by partnerships between the fishing industry, educational institutions, and government agencies.

Actionables

  • You can support local fishermen by purchasing seafood directly from them or through community-supported fisheries, which helps offset the financial burden of quotas and observer costs. By doing this, you contribute to the local economy and reduce the financial strain on fishermen, allowing them to continue their trade despite the high costs associated with modern fishing regulations.
  • Engage with citizen science projects that collect data on local fish populations, contributing to a more accurate understanding of fish abundance. This can help bridge the gap between fishermen's observations and official surveys, potentially influencing quota decisions and management practices to better reflect the actual state of fish stocks.
  • Encourage young people's interest in marine biology and sustainable fishing by sharing information and resources about the industry's challenges and the importance of preserving marine ecosystems. By fostering awareness and curiosity, you can help inspire the next generation to consider careers in fishing or marine conservation, addressing the decline in traditional mentorships and training opportunities.

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A Win Against Government Overreach: Chevron Deference & the Fishing Industry | 7.6.24

The decline of the fishing industry and the challenges faced by fishermen

The fishing industry has been facing a decline since the year 2000, with an array of challenges that has made the profession less appealing and economically unsustainable for many.

Steady decline in the fishing industry since the year 2000

One significant factor contributing to the downturn of the industry is the lack of new participants. Restrictive quotas and regulations have discouraged newcomers from entering the fishing business. These regulations have been put in place to control fishing efforts and protect fish populations, but they also serve as barriers for those considering the profession.

Fishing has become an economically unsustainable property

Fishermen are required to buy fish quota just to keep their vessels active, often at a financial loss

In order to fish, fishermen are now often required to purchase fish quota, which allows them to catch a certain amount of fish. However, the cost of this quota can be so high that it leads to financial loss rather than gain. Fishermen find themselves in a position where they have to buy quota just to keep their vessels active and maintain their livelihoods, but the expenses involved can eclipse the profits from their catches.

The cost of required government observers on fishing vessels exceeds the earnings of crew members

Another significant hur ...

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The decline of the fishing industry and the challenges faced by fishermen

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Clarifications

  • The fish quota system involves fishermen needing to purchase a specific amount of fish they are allowed to catch. This system aims to regulate fishing activities and protect fish populations. However, the high costs of these quotas can lead to financial losses for fishermen. This requirement can create economic challenges for fishermen, as they may need to buy quotas just to continue operating their vessels.
  • Government observers on fishing vessels are individuals tasked with monitoring fishing activities to ensure compliance with regulations and quotas. Their presence helps enforce sustainable fishing practices and protect fish populations from overexploitation. However, the costs associated with supporting these observers can sometimes outweigh the earnings of the crew members, posing financial challenges to fishermen. The observers play a crucial role in maintaining the balance between economic interests and environmental conservation in the fishing industry.
  • Regulations and quotas in the fishing industry are rules set by authorities to manage fish populations and ensure sustainable fishing practices. Quotas limit the amount of fish that can be caught, aiming to prevent overfishing and protect species. While these measures are crucial for conservation, they can also create challenges for fishermen, such as financial burdens and restrictions ...

Counterarguments

  • The decline in the fishing industry may also be influenced by external factors such as global market changes, technological advancements, and international competition, not solely by restrictive quotas and regulations.
  • Some regions have seen sustainable fishing practices lead to a resurgence in fish stocks, which could eventually lead to a more robust fishing industry.
  • Quotas and regulations are often implemented based on scientific research to prevent overfishing and ensure long-term sustainability, which could benefit the industry in the long run.
  • The cost of fish quotas may encourage more efficient and selective fishing practices, reducing bycatch and environmental damage, which could improve the industry's reputation and market demand.
  • Government observers can play a crucial role in collecting data that helps manage fish populations effectively, which may lead to better fishing opportunities in the future.
  • The initial financial burden of buying quotas and accommodating observers could be offset by long-term gains from a more sustainable and regulated fishing industry.
  • Innovations in fishing technology and pra ...

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A Win Against Government Overreach: Chevron Deference & the Fishing Industry | 7.6.24

Government regulations and policies impacting the fishing industry

Government interventions are a central topic of discussion in the fishing industry, where policies and regulations significantly shape daily operations and long-term sustainability. Fisher Jerry Leeman touches on the challenges and disconnects that exist between government oversight and the realities faced by those on the water.

Excessive government oversight and control over the fishing industry

Leeman criticizes the move toward 100% observer coverage on fishing vessels, arguing that there's a lack of documented violations to justify this level of oversight. He believes that this policy is economically nonsensical and detrimental to the industry. He points out that fishermen are now required to pay for observers, many of whom are fresh from college and lack practical seafaring experience, to monitor their activities on the vessels. This, according to Leeman, amounts to an overreach by the government.

Disconnect between government fisheries management and the real-world experiences of fishermen

Fishermen and recreational anglers do not perceive any problem with the biomass of ...

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Government regulations and policies impacting the fishing industry

Additional Materials

Clarifications

  • 100% observer coverage on fishing vessels means that every fishing trip is monitored by an observer to track the activities on the vessel, such as the catch and fishing practices. This monitoring is often mandated by government regulations to ensure compliance with fishing laws and conservation measures. Observers are typically individuals trained to collect data and report on fishing activities to authorities. The aim is to improve transparency, data collection, and enforcement in the fishing industry.
  • Fish stocks represent specific populations of fish within a particular species. These populations have distinct characteristics and are of interest to fisheries management. Understanding and monitoring fish stocks is crucial for sustainable fishing practices and conservation efforts.
  • Government surveys suggesting declining allowable catches typically involve scientific assessments of fish populations and their sustainability. These surveys analyze factors like fish population size, reproduction rates, and environmental conditions to determine how many fish can be caught without depleting the population. If surveys indicate a decline in fish stocks, governments may reduce the allowable catch limits to prevent overfishing and promote long-term sustainability in the fishing industry. This process aims to balance the economic interests of fishermen with the need to protect marine ecosystems and ensure the viability of fish stocks for future generations.
  • In the context of fisheries management, "scarcity depicted in government modeling" typically refers to the assessments and predictions made by government agencies regarding the abundance of fish stocks. These models use data on fish populations, environmental factors, and fishing pressure to estimate the health of fish populations. When government models depict scarcity, it suggests that the data and analysis indicate a decli ...

Counterarguments

  • Government oversight, including observer coverage, is intended to ensure compliance with regulations designed to protect fish stocks and marine ecosystems for future generations.
  • The cost of observers can be seen as an investment in sustainable fishing practices, which may benefit the industry by maintaining fish populations and avoiding the collapse of fisheries.
  • Observers, even if inexperienced in seafaring, can provide unbiased data collection and reporting that contributes to the accuracy of scientific assessments and policy-making.
  • Discrepancies between fishermen's observations and scientific surveys may arise due to differences in the scale and methodology of data collection, with government surveys often being more systematic and comprehensive.
  • Government models and catch limits are typically based on precautionary principles to prevent overfishing, which has historically led to the colla ...

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A Win Against Government Overreach: Chevron Deference & the Fishing Industry | 7.6.24

The Relentless Inc. vs. Commerce Department case and its implications

The case involving Relentless Inc. and the Commerce Department has set a significant legal precedent with wide-reaching implications for federal agencies and the fishing industry.

The case challenged the government's requirement for fishermen to pay for mandatory observers on their vessels

Jerry Leeman emphasizes that the case arose in response to a new requirement imposed on the fishing industry. Fishermen were mandated by federal law to have government observers on their vessels, incurring financial burdens that threaten their business's viability. Fishermen argued that the cost of accommodating observers was so high that they sometimes paid more for the presence of these observers than for the actual crew members.

The Supreme Court's ruling in the case overturned the Chevron deference doctrine

The ruling of the Supreme Court in Relentless Inc. vs. Commerce Department has overturn ...

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The Relentless Inc. vs. Commerce Department case and its implications

Additional Materials

Counterarguments

  • The requirement for mandatory observers could be seen as a necessary expense to ensure sustainable fishing practices and compliance with regulations, which ultimately benefits the industry and ecosystem in the long term.
  • Overturning the Chevron deference might lead to increased litigation, as stakeholders may challenge agency interpretations more frequently, potentially resulting in regulatory uncertainty and a burden on the court system.
  • Stripping federal agencies of their interpretative power could hin ...

Actionables

  • You can explore the impact of legal decisions on everyday life by tracking changes in local regulations following major court rulings. After a significant court decision, like the one involving the Chevron deference doctrine, keep an eye on your city or state's regulatory updates. This could involve subscribing to newsletters from legal analysis groups or setting up Google Alerts for regulatory changes in your industry. By doing this, you'll be able to see firsthand how such rulings trickle down and potentially affect your own community or business practices.
  • Engage in cost-benefit analysis for personal decisions by mirroring the fishermen's approach to assessing observer costs. When faced with a new expense or requirement in your life, such as a home renovation or a workplace mandate, take the time to write down all associated costs and benefits. This could be as simple as creating a spreadsheet that lists the financial, time, and emotional investments against the expected returns or improvements. This practice helps you make more informed decisions and ensures that you're not accepting burdensome costs without due consideration.
  • Advocate for balanced power in organizations you're part of by initiating or participating in review processe ...

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A Win Against Government Overreach: Chevron Deference & the Fishing Industry | 7.6.24

The need for improved data collection and education in the fishing industry

Jerry Leeman underscores the importance of utilizing the knowledge of seasoned fishermen in scientific research and stresses the urgency of educating the next generation of fishermen to sustain the industry.

Fishermen possess valuable, first-hand knowledge of fishing practices and marine ecosystems

Leeman suggests that experienced fishermen, who have spent decades at sea, possess insights that could greatly enhance the data used to manage fisheries. He argues for the inclusion of their first-hand knowledge in the scientific models that are currently based on surveys, which he believes would result in more accurate data for science teams.

There is a lack of practical, hands-on education and training programs for the next generation of fishermen

Historically, the fishing industry has relied on the transfer of skills and wisdom from one generation of fishermen to the next. This traditional mentorship has been critical for preserving fishing practices and marine ecosystem knowledge. Leeman discusses the decline in numbers of knowledgeable fishermen, emphasizing that educational continuity is at risk and there are fewer people to pass on this essential knowledge.

Reviving educational programs focused on fishing methods, gear maintenance, and seafaring skills could help sustain the industry

Leeman notes that marine trade programs in schools, once more common in the 80s and 90s, have vanished over the past 25 years, depriving the industry of this form of practical education. He points out that there are currently no educational classes offering fundamental knowledge necessary to conduct fishing in a safe and environmentally friendly manner.

The tr ...

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The need for improved data collection and education in the fishing industry

Additional Materials

Counterarguments

  • While experienced fishermen have valuable insights, their knowledge may be anecdotal and not always aligned with scientific methods or broader ecological understanding.
  • Fishermen's first-hand knowledge might be biased towards short-term gains rather than long-term sustainability, which could conflict with conservation efforts.
  • The decline in traditional mentorship could be due to broader economic and social changes in the industry, such as industrialization and automation, rather than a lack of educational programs.
  • Reviving educational programs may not be sufficient to sustain the industry if there are larger economic or environmental issues at play, such as overfishing or climate change.
  • The disappearance of marine trade programs in schools could be due to a shift in educational priorities or funding, and may not necessarily reflect a lack of interest in the fishing industry.
  • Current educational classes may focus on different, yet still relevant, aspects of marine science and technology that are more aligned with today's environmental and regulatory challenges.
  • The traditional method of passing down wisdom may be less relevant in a modern context where technology and regulations play a larger role in fishing practices.
  • Better marketing strategi ...

Actionables

  • You can start a digital storytelling project to preserve fishermen's wisdom by recording interviews with local fishermen and sharing them online. By creating a website or social media page dedicated to these stories, you provide a platform for their valuable insights to be heard and integrated into broader conversations about fisheries management. This could involve simple audio recordings or video interviews that highlight their experiences, techniques, and observations of the marine environment.
  • Engage in citizen science by participating in data collection initiatives that support fisheries research. Look for apps or community projects that allow you to report your observations when you're near the water, such as unusual fish behavior, water conditions, or weather patterns. Your contributions can help fill gaps in scientific data and offer a more comprehensive view of the marine ecosystem, which can be particularly useful for researchers lacking first-hand fishing knowledge.
  • Create a local book club or discussion group focused on marine li ...

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