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Anglers Conservation Network v. Pritzker

ELR Citation: 46 ELR 20004
Nos. 14-5304, (D.C. Cir., 01/05/2016)

The D.C. Circuit dismissed recreational fishing groups' lawsuit against NMFS for failing to manage stocks of river herring and shad in the Atlantic Ocean from New York to North Carolina. In 2012, the Mid-Atlantic Fishery Management Council began developing Amendment 15 to the Mackerel, Squid, and Butterfish Fishery Management Plan, which would have proposed adding river herring and shad to the plan. But the Council decided to revisit the issue in three years after more study. The groups then filed suit against NMFS, claiming that the Council's decision not to manage and protect river herring and shad, which would reduce their availability as food for larger sport fish species such as striped bass, violated the Magnuson-Stevens Fishery Conservation and Management Act. But it was the Mid-Atlantic Council, not NMFS, who tabled Amendment 15 pending further study. Because NMFS took no action subject to judicial review under the Magnuson-Stevens Act or the APA, the court lacks jurisdiction and the case was dismissed.