United States Ninth Circuit

Judgment for defendants in an action challenging limitations to the commercial fishing industry the National Marine Fisheries Services placed on sub-regions of the Pacific Ocean inhabited by endangered sea lions, is affirmed, where: 1) the use of sub-regions did not violate the Endangered Species Act; 2) the agency utilized appropriate standards to find that continuing previous fishing levels in those sub-regions would adversely modify the critical habitat and jeopardize the continued existence of the entire population; and 3) the district court did not err by refusing to order preparation of a Record of Decision pursuant to the National Environmental Policy Act because it would be premature.

Appellate Information

• Decided 07/23/2013
• Published 07/23/2013

Judges

• SCHROEDER

Court

• United States Ninth Circuit

Counsel