ANGLERS CONSERVATION NETWORK et al v. PRITZKER et al
Filing
36
MEMORANDUM OPINION to the Order granting Defendants' Motion to Dismiss. Signed by Judge Gladys Kessler on 9/30/14. (CL, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ANGLERS CONSERVATION
NETWORK, et al .
Plaintiffs,
Civil Action No. 13-1761 (GK)
v.
PENNY PRITZKER, et al.,
Defendants.
MEMORANDUM OPINION
Plaintiffs,
Club,
Inc.,
Anglers
Paul
"Plaintiffs"),
Conservation
Eidman,
bring
this
Department of Commerce
and
Philip
case
against
("the
( "NMFS")
Gateway
Lofgren
the
Secretary") ,
and Atmospheric Administration
Fisheries Service
Network,
("NOAA"),
(collectively,
Secretary
the
Striper
National
of
the
Oceanic
and the National Marine
(collectively,
"Defendants")
pursuant
to the Magnuson-Stevens Fishery Conservation and Management Act
("MSA"),
Policy
16 U.S.C.
Act
§§ 1801 et seq.;
("NEPA"),
42
U.S.C.
§§
the National Environmental
4321
et
seq.;
and
the
Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701 et seq.
This matter
Dismiss
[Dkt.
Opposition
is before
No.
[Dkt.
17].
No.
entire record herein,
28],
the Court
Upon
and
on
Defendants'
consideration
Reply
{Dkt.
of
No.
Motion to
the
29],
Motion,
and
the
including the arguments presented at the
Motion Hearing on September 30,
2014,
and for the reasons set
forth below, Defendants' Motion shall be granted.
I .
BACKGROUND
A.
The Magnuson-Stevens Act
Congress first enacted the MSA in 197 6 "to take immediate
action to conserve and manage the
the
The
coasts
Act
of the
United
United States [.]"
establishes
conservation
and
States"
a
in
order
stocks,"
long-term
protection
of
to
the
u.s.c.
"for
overfishing,"
fish
and
of
the
the
"rebuild
"facilitate
habitats."
Id.
1801(a) (6); see also Natural Res. Def. Council, Inc. v. Daley,
209 F.3d 747,
749
(D.C. Cir. 2000).
Regulation of fisheries is
accomplished through fishery management plans
developed
and
management
councils
NMFS,
u.s.c.
1
1801(b) (1).
resources
conservation,"
essential
§
found off
framework
fishery
"prevent
"[e]nsure
of
16
federal-regional
management
overfished
§
fishery resources
a
§§
prepared
by
independent
and approved,
division within
the
("FMPs")
that are
regional
fishery
implemented and enforced by
Department
of Commerce. 1
See
16
1853-1854.
The Secretary of the Department of Commerce has delegated her
responsibility to ensure compliance with the MSA to NOAA, which,
in turn, has subdelegated that responsibility to NMFS.
Compl.
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