The Supreme Court agreed Monday to consider overturning a nearly 40-year precedent by taking up a challenge to a regulation affecting fishing vessels in a case that is the latest conservative-led attack on federal bureaucracy.
The court will weigh whether to overturn a much-cited 1984 ruling, Chevron v. Natural Resources Defense Council, which said courts should defer to federal agencies in interpreting the law when the language of a statute is ambiguous.
Attempts to overturn the ruling, which the court has rarely invoked in recent years, is just one avenue of attack by conservative groups and business interests as part of what has been dubbed “the war on the administrative state.”
"The Supreme Court has an opportunity to correct one of the most consequential judicial errors in a generation," said Ryan Mulvey, a lawyer at the Cause of Action Institute, a conservative group that represents the challengers. The Chevron ruling "has proven corrosive to the American system of checks and balances and directly contributed to an unaccountable executive branch."
The Supreme Court, which has a 6-3 conservative majority, is skeptical of broad assertions of federal agency power.
The case itself is a challenge to a government regulation that requires fishing vessels to help fund the collection of scientific data to assist with fishery conservation and management. The court could still rule in favor of the challengers by limiting the scope of the Chevron decision without overturning it entirely.
The court took up an appeal brought by Loper Bright Enterprises and several other operators of fishing vessels that are active in the herring fishery off the Atlantic coast, which challenged the 2020 rule applying to New England fisheries.
The challengers say the National Marine Fisheries Service, the federal body that oversees ocean resources, did not have authority to issue the regulation under the relevant law, the 1976 Magnuson-Stevens Fishery Conservation and Management Act.
The rule implements a monitoring program that vessel operators are required to fund. As the challengers put it, operators have to pay up to $710 a day at certain times for independent observers to board their vessels and monitor their operations. The cost is a significant burden on small owner-operators, the challengers say.
The case, backed by conservative groups, is the latest attempt to undermine the power of federal agencies. Lawyers for the fishing vessel operators say a lower court that upheld the rule gave too much deference to the federal agency in interpreting the 1976 law.
The U.S. Circuit Court of Appeals for the District of Columbia rejected the vessel operators' claims in a decision in August, upholding a similar ruling a federal district judge issued the previous year.
The brief Supreme Court order noted that liberal Justice Ketanji Brown Jackson is not participating in the case. She was originally part of the appeals court panel that decided the case before President Joe Biden appointed her to the high court. She heard oral arguments but was not involved in the ruling itself.
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Unveiling the Secrets of Life Below Water: Goal 14 for a Sustainable Future
In our journey towards achieving a sustainable future, Goal 14 of the United Nations' Sustainable Development Goals (SDGs) plays a pivotal role. Life Below Water, as it is commonly referred to, focuses on the preservation and sustainable use of oceans, seas, and marine resources. With this goal, the international community aims to safeguard marine ecosystems, mitigate the impacts of human activities, and promote sustainable livelihoods for coastal communities. This article delves into the significance of Goal 14, explores the challenges faced, and highlights the initiatives that can help us ensure a healthier and more vibrant life below water.
Understanding the Importance of Goal 14
The Earth's oceans are vast and cover more than 70% of the planet's surface. They are teeming with life and harbor a remarkable diversity of species and ecosystems. From the mesmerizing coral reefs to the mysterious depths of the abyss, the oceans are a treasure trove of biodiversity, supporting millions of species, including plants, animals, and microorganisms.
Beyond their ecological significance, the oceans play a crucial role in regulating the Earth's climate. They act as a massive heat sink, absorbing a significant amount of the sun's energy and distributing it across the planet. Additionally, oceans play a vital role in the water cycle, facilitating the evaporation of water, which then falls as precipitation and sustains terrestrial ecosystems.
The oceans are not only important for the environment but also for human societies. They provide sustenance to millions of people around the world. Fishing, both for subsistence and commercial purposes, is a primary source of livelihood for coastal communities. The oceans also support economic activities such as tourism, shipping, and offshore industries, contributing significantly to global economies.
However, the delicate balance of marine ecosystems is under threat due to various human activities. Overfishing, driven by unsustainable practices and the demand for seafood, has led to the depletion of fish stocks worldwide. Large-scale industrial fishing, with destructive methods such as bottom trawling, threatens not only the targeted species but also the entire marine food web.
Marine pollution is another significant challenge faced by the oceans. Pollution from land-based sources, including plastic waste, chemicals, oil spills, and agricultural runoff, finds its way into the marine environment, causing severe harm to marine life and ecosystems. The accumulation of plastic debris in the oceans has reached alarming levels, forming giant garbage patches and causing entanglement and ingestion by marine organisms.
Habitat destruction and degradation are also taking a toll on marine ecosystems. Destructive practices such as coral reef destruction, coastal development, and the destruction of mangroves and seagrass beds result in the loss of critical habitats and the disruption of delicate ecological relationships. These habitats serve as nurseries and breeding grounds for many species, and their loss has far-reaching consequences for marine biodiversity.
Furthermore, climate change poses one of the most significant threats to life below water. Rising sea temperatures, ocean acidification, and sea-level rise are already impacting marine ecosystems. Corals, which are vital for the survival of countless marine species, are particularly vulnerable to rising temperatures and increased ocean acidity, leading to coral bleaching events and the degradation of coral reefs.
In recognition of the urgent need to protect and sustainably manage marine resources, Goal 14 of the United Nations' Sustainable Development Goals (SDGs) was established. Also known as Life Below Water, this goal aims to ensure the conservation and sustainable use of the oceans, seas, and marine resources for present and future generations.
Goal 14 encompasses various targets and indicators to guide efforts towards sustainable ocean management. One of the key focuses is the protection and restoration of coral reefs, which are among the most diverse and valuable ecosystems on Earth. Coral reefs provide habitat for numerous species, protect coastlines from erosion, and support vibrant tourism industries. By implementing measures to reduce coral bleaching, enhance reef resilience, and combat destructive practices, Goal 14 seeks to safeguard these vital ecosystems.
Another critical aspect of Goal 14 is the reduction of marine pollution. It calls for the prevention and significant reduction of marine debris, particularly plastic waste. Efforts are being made to promote better waste management systems, recycling and reusing plastics, and raising awareness about the detrimental effects of single-use plastics. Innovative technologies for ocean cleanup are also being developed to tackle existing pollution.
To address the issue of overfishing, Goal 14 emphasizes the need to restore fish stocks to sustainable levels. This involves implementing science-based management plans, combating illegal, unreported, and unregulated fishing, and promoting responsible fishing practices. Creating marine protected areas and adopting ecosystem-based management approaches can help protect critical habitats and ensure the long-term viability of fisheries.
Furthermore, Goal 14 acknowledges the urgent need to address ocean acidification, which poses a grave risk to marine organisms. By reducing carbon dioxide emissions and taking steps to enhance the resilience of marine ecosystems, such as protecting mangroves and seagrass beds, this goal aims to mitigate the impacts of ocean acidification and ensure the survival of vulnerable species.
Achieving Goal 14 requires a collaborative effort from governments, businesses, civil society organizations, and individuals worldwide. International cooperation is crucial to strengthen governance frameworks, regulate resource exploitation, combat illegal fishing, and promote sustainable practices. By taking collective action and embracing sustainable approaches, we can secure a healthier and more vibrant future for life below water.
Challenges and Threats to Life Below Water
The life below water faces a multitude of challenges that require immediate attention and concerted efforts. Overfishing, driven by unsustainable practices and illegal, unreported, and unregulated fishing, has led to a decline in fish stocks worldwide. The loss of biodiversity affects not only marine ecosystems but also the communities that depend on them for food security and economic opportunities.
Marine pollution poses another significant threat. Plastic waste, chemicals, oil spills, and other pollutants contaminate the oceans, harming marine life and ecosystems. The accumulation of plastic debris, in particular, has gained global attention due to its devastating impact on marine organisms and the potential consequences for human health through the food chain.
Ocean acidification, caused by the absorption of excess carbon dioxide from the atmosphere, poses a grave risk to marine organisms such as corals, shellfish, and plankton. Acidic waters can hinder the growth and survival of these organisms, disrupting the entire marine food web and impacting the livelihoods of coastal communities.
Initiatives and Solutions for a Sustainable Life Below Water
Achieving Goal 14 requires a comprehensive approach involving governments, businesses, civil society, and individuals. Several initiatives and solutions have emerged to address the challenges faced by life below water:
Sustainable Fisheries Management: Implementing science-based management plans, promoting responsible fishing practices, and combating illegal fishing are crucial steps towards replenishing fish stocks and ensuring the long-term sustainability of fisheries. Tools like marine protected areas and ecosystem-based management help preserve critical habitats and protect biodiversity.
Marine Pollution Prevention: Reducing plastic pollution and other sources of marine debris is vital. This can be achieved through improved waste management systems, recycling and reusing plastics, and raising awareness about the consequences of single-use plastics. Additionally, promoting the use of biodegradable alternatives and supporting innovative technologies for ocean cleanup can help mitigate the impact of existing pollution.
Climate Change Mitigation and Adaptation: Addressing climate change is fundamental to preserving life below water. Transitioning to renewable energy sources, reducing greenhouse gas emissions, and promoting sustainable coastal development are essential steps in mitigating the impacts of climate change on marine ecosystems. Additionally, enhancing the resilience of coastal communities through measures such as mangrove restoration, coastal protection, and sustainable tourism can aid adaptation efforts.
International Cooperation and Governance: Collaboration among nations is crucial for the effective implementation of Goal 14. Strengthening international frameworks, such as the United Nations Convention on the Law of the Sea (UNCLOS), and promoting regional cooperation can help combat illegal fishing, regulate resource exploitation, and ensure the sustainable use of marine resources.
Conclusion
Preserving life below water is not only crucial for the health of our oceans but also for the overall well-being of our planet. Goal 14 provides a roadmap for sustainable ocean management, aiming to conserve marine biodiversity, mitigate pollution, and promote the sustainable use of marine resources. By taking action at individual, local, and global levels, we can make a significant difference in ensuring a healthier and more vibrant future for life below water. Let us join hands and work together to safeguard the oceans for generations to come.
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Tereha Davis, whose family has fished for conch from waters around the Bahamas for five generations, remembers when she could walk into the water from the beach and pick up the marine snails from the seabed.
But in recent years, Davis, 49, and conch fishers like her have had to go further and further from shore - sometimes as far as 30 miles - to find the mollusks that Bahamians eat fried, stewed, smoked and raw and are a pillar of the island nation’s economy and tourism industry.
Scientists, international conservationists and government officials have sounded the alarm that the conch population is fading due to overfishing, and a food central to Bahamians’ diet and identity could cease to be commercially viable in as little as six years.
I’ve never thought that the conch fisheries were sustainable; the loss of the abalone fishery foreshadowed this.
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Update the status of fish stocks.
NOAA Fisheries updates the status of fish stocks managed under federal fishery management plans quarterly based on stock assessments completed during that quarter.
Stock status definitions include:
Overfishing – The annual rate of catch is too high.
Overfished – The population size is too small.
Rebuilt – A previously overfished stock that has increased in abundance to the target population size that supports its maximum sustainable yield.
These data also help NOAA Fisheries calculate its Fish Stock Sustainability Index (FSSI), which measures the performance of U.S. fish stocks selected for their importance to commercial and recreational fisheries.
Fishery Stock Status Updates.
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