The Secretary of Commerce, pursuant to rulemaking authority contained in the Atlantic Tunas Convention Act of 1975 (the “ATCA”), adopted regulations regarding the use of “spotter aircraft” by fishing permit holders. The purposes of the ATCA included preventing the overfishing of the Atlantic Bluefin Tuna (ABT), setting quotas on the ABT catch per country, and increasing ABT scientific research. The regulations prohibited persons holding “general” category fishing permits from using “spotter” aircraft to locate Atlantic Bluefin Tuna (ABT), but permitted the use of such planes by persons licensed to catch ABT with harpoons or seine nets. The ABT is a very valuable fish, each one being worth up to $50,000. The Atlantic Fish Spotters Association brought suit, maintaining that this regulation should be overturned. What standard will the plaintiffs have to meet to persuade the U.S. District Court to overturn the regulation? What type of evidence will the plaintiffs need to produce to be successful?