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Pacific Dawn LLC v. Pritzker

ELR Citation: 46 ELR 20132
Nos. 14-15224, (9th Cir., 08/03/2016)

The Ninth Circuit upheld NMFS' 2013 quota regulations for Pacific whiting. NMFS calculated the amount of fish harvesters' and fish processors' initial share of the total allowable catch based on their participation in the fishery prior to 2003 and 2004, respectively. A fish harvester and fish processor argued that NMFS' decision to select a qualifying period ending in 2003 for harvesters and 2004 for processors was arbitrary and capricious because it failed to take into account "present participation" in the fishery as required by the Magnuson-Stevens Conservation and Management Act. However, the record makes clear that NMFS considered "present participation" but reasonably gave it less weight than other factors. Similarly, NMFS adequately took into account "dependence on the fishery” and “investments in, and dependence upon, the fishery” under the Act.