United States First Circuit

In a suit challenging the New England Fishery Management Council's amendment to the Fishery Management Plans (FMP) governing the Northeast Multispecies Groundfish Fishery, the district court's grant of summary judgment in favor of the defendants is affirmed where: 1) the defendants' conclusion that the amendment does not meet the statutory elements for a limited access privilege programs (LAPP) or an individual fishing quota (IFQ) conforms to long-standing regulations governing fisheries and is permissible; 2) the National Marine Fisheries Service (NMFS) is entitled to Chevron deference; 3) the record demonstrates that the NMFS engaged in reasoned decisionmaking and reached rational outcomes to hard choices; and 4) plaintiffs' remaining claims are without merit.

Appellate Information

• Decided 11/28/2012
• Published 11/28/2012

Judges

• Lynch

Court

• United States First Circuit

Counsel