The Secretary of Commerce, Pursuant to His Rule-Making Authority, Adopted

The secretary of commerce, pursuant to his rule-making authority, adopted regulations concerning overfishing, which prohibited persons holding general fishing permits from using spotter aircraft, but allowed other persons holding special licenses to use them.Plaintiffs brought suit to challenge the regulation.What will they have to show in order to overturn the regulation?

A) That the agency acted arbitrarily and capriciously in enacting its regulation
B) That the agency did not establish the necessity of the regulation by clear and convincing evidence
C) That the agency did not establish the necessity of the regulation beyond a reasonable doubt
D) That the agency did not establish the necessity of the regulation by a preponderance of the evidence