Court rules against feds in charterboat case

There are enough federally permitted charterboat operations in Louisiana to warrant attention from the latest ruling by the U.S. Court of Appeals for the Fifth Circuit.

The ruling turns aside a U.S. Department of Commerce regulation which demanded these charterboat operators install a constant (24-hour) GPS tracking device on their vessels and report what opponents considered to be “confidential economic data” to the National Marine Fisheries Service.

The New Civil Liberties Alliance took up the cause for the Mexican Gulf Fishing Company, et al. (meaning more than 1,300 federally permitted charterboat operations) in a plea to the courts to have the requirement declared unconstitutional on a violation of the Fourth Amendment in the Bill of Rights.

The Alliance explained their argument that the installation of an “…onboard Vessel Monitoring System tracking device that continuously transmitted its GPS location to NMFS. The rule forced charterboat captains to pay for these devices, which tracked boats whether they were being used for a charter-fishing trip or something else.

“This 24-hour surveillance was unnecessary, unduly burdensome, and violated the Fourth Amendment by searching without probable cause or a warrant.

“It also exceeded NMFS’s authority under the Magnuson-Stevens Act and was arbitrary and capricious in violation of the Administrative Procedure Act. NCLA also complained the rule required reporting data that the agencies had nowhere specified in proposing the rule for comment.”

The New Orleans-based firm of Gordon Arata assisted the Washington, D.C,-based Alliance in the plea that ended when the Alliance agreed to dismiss its motion for fees and the federal government agreed to pay a fee settlement of $160,000.

“This rule was a constitutional travesty from the get-go. NCLA is proud to have vindicated our clients’ civil liberties,” Alliance president and general counsel Mark Chenoweth said. “We will put these funds to good use in lawsuits against other federal agencies, securing Americans’ civil liberties from an Administrative State that routinely fails to respect people’s rights.”

Flounder & specks

The season is open on Southern flounder after our state’s first closed season on the species. The closed season ran from Oct. 15-Nov. 30.

A reminder about the new speckled trout regulations: 15 fish per day within a “slot” limit of 13-20 inches with an allowance to keep two trout measuring longer than 20 inches.

Red snapper

The estimated red snapper take during the two weeks leading up to Thanksgiving added up to 8,970 pounds bringing the season total to 846,247 pounds in the private recreational landings in the state’s LA Creel survey.

That number is 90.6% of Louisiana’s 2023 934,587-allocation. The recreational season ends Dec. 31 with 88,340 pounds left to be taken in the last 42 days of the year.

Volunteering

If you want to be involved in a growing number of Louisianans teaching about fishing, then you can attend Wildlife and Fisheries’ Dec. 12 Aquatic Volunteer Instructor workshop.

The class will run from 8:30 a.m.-1:30 p.m. at the the Waddill Wildlife Refuge on North Flannery Road in Baton Rouge.

The agency’s Fisheries Outreach and Education staff heads the class for certification in leading fisheries programs for youth and adults across the state.

It’s a hands-on period in fish identification, fishing and casting, environment and other fisheries-related activities.

When completed, certified aquatic volunteer instructors will receive lesson plans and educational materials for grade schools and high schools along with activity guides and access to fishing equipment and games.

Preregistration is requested through the agency’s website: wlf.louisiana.gov/page/aquatic-vip.

Tying the knot

It’s always good to get info from the Recreational Boating & Fishing Foundation, and the latest is entitled “The five knots you need for saltwater fishing.”

If you want to learn how to tie a uni knot and a double uni, an improved clinch knot, a non-slip loop knot and a palomar knot, then go the RBFF website: takemefishing.org/