Pacific Coast Federation of Fishermen's Ass'n v. Secretary of Commerce

MEMORANDUM OF DECISION

Introduction

In this suit, members of the salmon fishing industry challenge certain emergency interim regulations that restrict commercial and recreational salmon fishing off the coasts of Washington, Oregon, and California. These regulations, which took effect on June 1, 1980, were promulgated by the Secretary of Commerce, see 45 Fed.Reg. 29250 (1980), pursuant to the Fishery Conservation and Management Act of 1976, Pub.L.No. 94-265, 90 Stat. 331 (codified at 16 U.S.C. §§ 1801-1882 ) (“FCMA” or “the Act”).

The Act provides for the establishment of the Pacific Fishery Management Council (“the Council”) and directs the Council to draft periodic plans for the regulation of salmon fishing. In this case, the Council drew up the 1980 Pacific Salmon Fishery Management Plan (“the Plan”), which underlies the regulations under attack here. The Plan proposed, and the regulations require, a closure of ocean salmon fishing in California south of Cape Vizcaino from June 1 through June 30, and north of that point from June 1 through July 14.

Plaintiffs ask this Court either to enjoin the Secretary from enforcing the regulations pending the outcome of this suit or to…