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Fisheries

West Coast Seafood Processors Assn. v. Natural Resources Defense Council

The Ninth Circuit held that a seafood processor association may not intervene in environmental groups' lawsuit challenging the National Marine Fisheries Service's program to preserve groundfish species off the coast of California,...

General Category Scallop Fishermen v. Secretary, United States Department of Commerce

The Third Circuit upheld regulations issued by the National Marine Fishery Service (NMFS) implementing an amendment to the Atlantic Sea Scallop Fishery Management Plan that, among other things, sets a "control date" that...

Alaska Trojan Partnership v. Gutierrez

The court holds that National Oceanic and Atmospheric Adminstration (NOAA) Fisheries erred when it denied a fishing vessel's application for an Aleutian Islands brown king crab endorsement under the license limitation program for the...

Midwater Trawlers Coop. v. Department of Commerce

The Ninth Circuit upheld the Secretary of Commerce's decision to allocate a portion of the U.S. harvest of Pacific whiting to the Makah Indian Tribe. Because the "best available scientific information" supports a sliding scale method of...

Campanale & Sons, Inc. v. Evans

The court holds that the National Marine Fisheries Service (NMFS) failed to satisfy the Atlantic Coastal Fisheries Management Act's (Atlantic Coastal Act's) consultation requirement before promulgating a final rule governing lobster...

Gulf of Me. Fishermen's Alliance v. Daley

The court affirms a district court dismissal of a commercial fisherman association's challenge to a fishery management plan (FMP) regulation, known as Framework 25, that instituted year-round closure of a fishing area and required...

Midwater Trawlers Coop. v. Department of Commerce

The court affirms in part and reverses in part a district court decision upholding National Marine Fisheries Service (NMFS) regulations providing a Native American tribe an allocation of the Pacific whiting fishery. In the 1850s,...

North Carolina Fisheries Ass'n v. Evans

The court dismisses on motions for summary judgment a fishing association's claims against the Secretary of Commerce challenging the National Marine Fisheries Service's (NMFS') 2001 summer flounder quotas and summer flounder fishery...

Recreational Fishing Alliance v. Evans

The court denies recreational fishers' challenge to the Secretary of Commerce's regulations implementing the final 1999 Highly Migratory Species Fishery Management Plan. The fishers argued that regulations placing recreational retention...

Bluewater Fisherman's Ass'n v. Mineta

The court upholds all but one of the U.S. Department of Commerce's regulations implementing the final 1999 highly migratory species fishery management plan. The court first holds that three of the regulations, which place limits on the...