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Implementation of fishery management plans (FMPs), §305

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...

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...

Anglers Conservation Network v. Pritzker

A district court ordered NMFS to take a "hard look" at the environmental impacts of its definition of "fishery" with regard to the Atlantic Mackerel, Squid, and Butterfish fishery management plan (FMP) and whether river herring and shad...

Anglers Conservation Network v. Pritzker

The D.C. Circuit dismissed recreational fishing groups' lawsuit against NMFS for failing to manage stocks of river herring and shad in the Atlantic Ocean from New York to North Carolina. In 2012, the Mid-Atlantic Fishery Management...

Coastal Conservation Ass'n v. United States Department of Commerce

A district court dismissed recreational fishing groups' lawsuit against NMFS concerning its management of the red snapper fishery in the Gulf of Mexico. The groups challenged the enactment of Amendment 40 to the Gulf of Mexico Fishery...

Oceana, Inc. v. Locke

The D.C. Circuit vacated the National Marine Fisheries Service's (NMFS') methodology for tracking bycatch in the fisheries off the...

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...

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...