Coastal Conservation Association v. U.S. Department of Commerce

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CCA filed suit challenging Amendment 40 to the Reef Fish Fishery Management Plan and the Final Rule implementing that amendment. Amendment 40 was proposed as a means to address problems that had arisen with the red snapper fishery, and the Final Rule contains measures to establish two components within the recreational sector for Gulf of Mexico red snapper: a federal charter component and a private angling component. The district court granted summary judgment for defendants and intervenors. The court concluded that Amendment 40 does not create a separate quota for charter fishing. Rather, Amendment 40 subdivides the recreational sector into private and charter components. The court also concluded that, although the Council’s analysis does not offer quantitative predictions of the effects that Amendment 40 might have on the fishing community, the Council used the best available data to reasonably “assess, specify, and analyze” the likely economic and social effects of Amendment 40. Finally, the court concluded that the selection of data ranges used to calculate quota allocations was not arbitrary and capricious. Accordingly, the court affirmed the district court's judgment. View "Coastal Conservation Association v. U.S. Department of Commerce" on Justia Law