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Fisheries

Natural Resources Defense Council v. Daley

The court holds that the National Marine Fisheries Service (NMFS) did not comply with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) or its regulations when it promulgated the 1999 summer flounder...

Connecticut v. Department of Commerce

The court affirms a district court's grant of summary judgment in favor of the U.S. Department of Commerce (DOC), finding that its denial of Connecticut's petition for rulemaking under the Magnuson-Stevens Act was not arbitrary or...

Washington v. Daley

The court reverses two district court decisions dismissing petitions by Washington State and three fishing associations to overturn a U.S. Department of Commerce regulation allocating groundfish catches off the Washington coast to four...

Massachusetts v. Daley

The court holds unlawful a U.S. Department of Commerce fishing quota that allocates the summer catch of scup on a state-by-state basis for Massachusetts, New York, and Rhode Island. Massachusetts argued that the quota was based on...

Foss v. National Marine Fisheries Serv.

The court holds that an individual who applied for an individual fishing quota (IFQ) permit for halibut and sablefish 45 days after the application deadline was not denied due process when his application was rejected. The individual...

Southern Offshore Fishing Ass'n v. Daley

The court holds that the Secretary of Commerce complied with the Magnuson-Stevens Fishery Conservation and Management Act in setting commercial harvest quotas for Atlantic sharks in its fishery management plan (FMP) for 1997, but...

Associated Fisheries of Me. v. Daley

The court holds that the Secretary of Commerce's adoption of a fishery conservation amendment to the Northeast Multispecies Fishery Management Plan does not violate the Magnuson Act or the Regulatory Flexibility Act (RFA). The amendment...

Norbird Fisheries, Inc. v. National Marine Fisheries Serv.

The court holds that a commercial fisher's challenge to regulations establishing a limited entry program in the Pacific Coast Groundfish Fishery is untimely under the Magnuson Fishery Conservation and Management Act. The fisher failed...

Vietnamese Fishermen Ass'n of Am. v. California Dep't of Fish & Game

The court holds that the Magnuson Fishery Conservation and Management Act (MFCMA) preempts a California constitutional amendment prohibiting the use of gill nets for harvesting groundfish south of 38 degrees N. latitude in the federal...