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Fishery Conservation and Management Act (Magnuson-Stevens Act)

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...

When Economics and Conservation Clash: Challenges to Economic Analyses in Fisheries Management

In recent years, the National Marine Fisheries Service (NMFS) and Secretary of Commerce have accumulated hundreds of lawsuits challenging fisheries management rules made by the agency. Litigation is not new to these parties; controversy...

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...

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...

Essential Fish Habitat: A New Regulatory Hurdle for Development

Editors' Summary: By combining environmental assessment obligations parallel to those of NEPA with consultation requirements similar to those of the ESA, the essential fish habitat provisions set forth in the 1996 amendments to the...

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...