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Fisheries

Pacific Choice Seafood Co. v. Ross

The Ninth Circuit affirmed summary judgment for NMFS in a challenge to the Service's rule imposing a quota system for a Pacific non-whiting groundwater fishery that limited the total allowable catch and prohibited any one entity from...

Gulf Fishermens Ass'n v. National Marine Fisheries Service

The Fifth Circuit affirmed, 2-1, a lower court ruling in favor of fishermen's challenge to NMFS regulations regarding offshore aquaculture in federal waters of the Gulf of Mexico. The fishermen argued that the regulations were invalid...

San Francisco Herring Ass'n v. U.S. Department of the Interior

The Ninth Circuit reversed a district court's denial of leave to file an amended complaint in a challenge to NPS' authority to prohibit commercial herring fishing in the waters of the Golden Gate National Recreation Area in San...

Conservation Law Foundation v. Ross

A district court denied an environmental group's motion for summary judgment in a challenge to NMFS' approval of a fishery management plan amendment that opened up a portion of the western Gulf of Maine to commercial and recreational...

Oceana, Inc. v. Ross

The D.C. Circuit affirmed summary judgment for NMFS in a challenge to the agency's adoption of the 2016 Standardized Bycatch Reporting Methodology for fisheries in the northeastern United States. An environmental group argued that the...

Oceana, Inc. v. Ross

A district court granted an environmental group's request to enforce the court's previous order that NMFS issue a new catch rule for northern anchovy that complies with the Magnuson-Stevens Act (MSA) and the APA. The group argued that...

Gulf Fishermens Ass'n v. National Marine Fisheries Service

A district court ruled in favor of fishermen's challenge to NMFS regulations regarding offshore aquaculture in federal waters of the Gulf of Mexico. The fishermen argued that the regulations were facially invalid because they fall...

United Cook Inlet Drift Ass'n v. National Marine Fisheries Service

The Ninth Circuit held that NMFS violated the Magnuson-Stevens Fishery Conservation and Management Act when it excluded an historic net-fishing area of Cook Inlet from the salmon fishery management plan (FMP). The Magnuson-Stevens Act...

Glacier Fish Co. v. Pritzker

The Ninth Circuit held that NMFS may collect cost recovery fees for the Pacific groundfish fishery from individual members of the Pacific whiting catcher-processing sector, but that NMFS’ calculation of the 2014 cost recovery fee for...

Pacific Dawn LLC v. Pritzker

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...