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Fisheries

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...

Electronic Reporting and Monitoring in Fisheries: Data Privacy, Security, and Management Challenges and 21st-Century Solutions

As human populations have more than doubled since 1960, pressure on wild fish stocks has increased dramatically. This Article argues that the establishment of an electronic reporting and monitoring regime in U.S. fisheries is both...

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...

Minimum Size Restrictions Are a Problem for Fisheries, Is Litigation the Solution?

Fisheries are tightly regulated under the broad Magnuson-Stevens Act, yet fish stocks widely remain either stagnant or in decline. Current management tools are failing to ensure that fish populations maintain the reproductive capacity...

Current Developments in U.S. Fisheries Policy

The Trump Administration’s approach to fisheries management appears to constitute a significant policymaking shift. Recent NOAA decisions, such as extending the Gulf of Mexico red snapper season or overturning an Atlantic States Marine...

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...

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