Fisheries

Federal Chevron deference is dead. On June 28, 2024, in a 6-3 vote, the Supreme Court overturned the 40-year-old legal tenet that when a federal statute is silent or ambiguous about a particular regulatory issue, courts should defer to the implementing agency’s reasonable interpretation of the law. The reversal came in a ruling on two fishery regulation cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. This decision means that federal courts will have the final say on what an ambiguous federal statute means. What’s not clear is whether most courts will still listen to expert federal agencies in determining which interpretations make the most sense. While courts and judges will vary, as a scholar in environmental law, I expect that the demise of Chevron deference will make it easier for federal judges to focus on the exact meaning of Congress’ individual words, rather than on Congress’ goals or the real-life wor...

Fishermen across the Gulf of Mexico are reporting that something is eating fish off their lines. What’s to blame? Many recreational anglers point a finger at sharks. This conflict has caught politicians’ attention. Congress has directed the National Oceanic and Atmospheric Administration, which regulates fishing in U.S. waters, to review shark and dolphin interactions with fisheries, and the U.S. House of Representatives recently passed the SHARKED Act, which would create a task force to address the problem. I’ve studied this conflict, which is formally called depredation, for the past decade. While some shark populations in the Gulf of Mexico, such as bull sharks, are increasing, my colleagues and I have found evidence that human perceptions are also an important factor. A Gulf angler races to land a fish before sharks take it. Sharky waters The Gulf of Mexico is home to more than 70 species of sharks – and those...

Ocean-related tourism and recreation supports more than 320,000 jobs and US$13.5 billion in goods and services in Florida. But a swim in the ocean became much less attractive in the summer of 2023, when the water temperatures off Miami reached as high as 101 degrees Fahrenheit (37.8 Celsius). The future of some jobs and businesses across the ocean economy have also become less secure as the ocean warms and damage from storms, sea-level rise and marine heat waves increases. Ocean temperatures have been heating up over the past century, and hitting record highs for much of the past year, driven primarily by the rise in greenhouse gas emissions from burning fossil fuels. Scientists estimate that more than 90% of the excess heat produced by human activities has been taken up by the ocean. That warming, hidden for years in data of interest only to oceanographers, is now having profound consequences for coastal economies around the world. Understanding the role of the ocean in th...

My colleagues and I mapped activity in the northeast Pacific of “dark” fishing vessels – boats that turn off their location devices or lose signal for technical reasons. In our new study, we found that highly mobile marine predators, such as sea lions, sharks and leatherback sea turtles, are significantly more threatened than previously thought because of large numbers of dark fishing vessels operating where these species live. While we couldn’t directly watch the activities of each of these dark vessels, new technological advances, including satellite data and machine learning, make it possible to estimate where they go when they are not broadcasting their locations. Examining five years of data from fishing vessel location devices and the habitats of 14 large marine species, including seabirds, sharks, turtles, sea lions and tunas, we found that our estimates of risk to these animals increased by nearly 25% when we accounted for the presence of dark v...

It sounds like a crime show episode at sea: In late January 2024, federal regulators learned that a dead female North Atlantic right whale had been sighted near Martha’s Vineyard, Massachusetts. The whale was towed to shore, where more than 20 U.S. and Canadian scientists converged to perform a necropsy, or animal autopsy. On Feb. 14, the U.S. National Oceanic and Atmospheric Administration announced that the whale was #5120 in a catalog that tracks individual right whales. Further, the agency said, rope that had been deeply embedded in the whale’s tail had likely come from lobster fishing gear in Maine. Entanglement in fishing gear is a deadly threat to these critically endangered animals. Scientists estimate that before commercial whaling scaled up in the 18th and 19th centuries, there may have been as many as 10,000 North Atlantic right whales. Today, fewer than 360 individuals remain. Almost 90% of them have been entangled at least once. When whales become en...