United States Ninth Circuit
United Cook Inlet Drift Association v. National Marine Fisheries Service, 14-35928
In an action under the Magnuson-Stevens Fishery Conservation and Management Action brought by two groups of commercial fishermen urging the rejection of Amendment 12, which removed the historic net-fishing area of Cook Inlet from the Salmon Fishery Management Plan (FMP), the District Court’s summary judgment in favor of the government is reversed where: 1) the National Marine Fisheries Service cannot exempt a fishery under its authority that required conservation and management from an FMP because the agency is content with State management; and thus, 2) Amendment 12 is contrary to law to the extent it removed Cook Inlet from the FMP.
Appellate Information
- Decided
- Published 2016/09/21
Judges
- HURWITZ
Court
- United States Ninth Circuit