Incorrect. The law has provisions of this kind of fee for other types of fish, it was silent on herring which these boats were fishing for. Historically, the government had been funding these monitors until budget cuts made no longer possible. So, agency created a rule that since while law says monitors are required and we can't pay for it, the industry must now pay for it. Industry sued and here we are.
This isn’t even an example text vs. spirit. Congress wrote the law to cover this.
Congress could still step in here and just make it clear "All monitors shall be funded by fee set by Government." and party over. I'm not sure why Congress didn't do that originally with this law.
Internet comments have the funniest versions of good and bad faith.
Section A/B/C says these kind of fish boats must be monitored, and fishing boats being monitored will pay for said monitors. Section D says these kinds of fishing boats shall be monitored as well but nothing about who pays for it.
You will find US law RIDDLED with these inconsistencies.