Two commercial fishermen have initiated legal action against the Biden administration, contesting the constitutionality of federal fishery regulations. George Arnesen and Ryan Bradley argue that the Magnuson-Stevens Fishery Conservation and Management Act of 1976 has created an unaccountable bureaucratic system that places undue power over local fisheries in the hands of unelected officials.

The lawsuit specifically targets the Gulf of Mexico Fishery Management Council and eight Regional Fishery Management Councils, claiming these bodies wield excessive authority without adequate democratic oversight. The fishermen contend that state officials, rather than federal representatives, appoint council members, making the system susceptible to influence from special interest groups.

This legal challenge follows a recent court victory for Maine lobstermen against the Biden administration over regulations intended to protect the North Atlantic right whale. The fishermen argue that the current regulatory framework violates the principle of separation of powers and undermines executive accountability. They cite a Fifth Circuit ruling that found the National Marine Fisheries Service (NMFS) violated fishermen's Fourth Amendment rights by mandating constant GPS tracking of their vessels.

The fishermen also reference the Supreme Court case Loper Bright Enterprises v. Raimondo, challenging the NMFS's authority to require government observers on fishing boats and compel fishermen to finance this surveillance. The plaintiffs maintain that the current system leaves them vulnerable to the whims of bureaucrats who are not answerable to the public. The NMFS has declined to comment on the pending litigation.