San Joaquin River Group Authority v. National Marine Fisheries Service

MEMORANDUM DECISION RE CROSS MOTIONS FOR SUMMARY JUDGMENT (DOCS. 58, 73, 77, 80)

I. INTROD UCTION/BACKGRO UND

This suit arises from the United States Pacific Fisheries Management Council’s (“PFMC” or the “Council”) April 13, 2011 adoption of commercial troll and recreational fishing management measures for the waters south of Cape Falcon, Oregon, permitting commercial and recreational fishing for Sacramento River fall-run Chinook Salmon (“SRFC”) for the 2011 fishing season (“2011 management measures”), and the National Marine Fisheries Service’s (“NMFS”) May 4, 2011 approval of the PFMCs recommended 2011 management measures. Doc. 1.

Plaintiff, the San Joaquin River Group Authority (“SJRGA”) moves for summary judgment on the following grounds:

(1) That NMFS violated the Administrative Procedure Act (“APA”) and the Magnuson-Stevens Fishery Conservation and Management Act (“Magnuson-Stevens Act” or “MSA”) because: (a) the 2011 management measures did not properly account for “known scientific uncertainty and bias in abundance estimates”; and (2) PFMC’s decision to end the “overfishing concern” was not supported by the record. Doc. 59 at 16-20.

(2) That adoption of the 2011…