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by twoodfin 722 days ago
What does “expertise” have to do with whether Congress authorized fishermen to be charged for government-mandated inspectors?
2 comments

Congress was pretty explicit about that; they wrote it in the legislation.

https://www.law.cornell.edu/cfr/text/50/679.55

You're citing an Executive-branch regulation, not a law from Congress.
My bad.

The regulation stems from https://en.wikipedia.org/wiki/Magnuson%E2%80%93Stevens_Fishe..., which says things like:

> United States observers required under subsection (h) be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such sta- tioning, including the costs of data editing and entry and observer monitoring, be paid for, in accordance with such subsection, by the owner or operator of the vessel

The court made their decision at a very high level of abstraction, rather than limiting it to fishermen.