Evans

ORDER GRANTING PARTIAL SUMMARY JUDGMENT FOR PLAINTIFFS AND DEFENDANTS

INTRODUCTION

Cross Motions for Summary Judgment were submitted and a hearing was conducted on August 1, 2001. Plaintiffs were represented by Andrew Caputo of the Natural Resources Defense Council, Inc. Federal Defendants were represented by Catherine R. Lewers of the U.S. Department of Justice.

For good cause appearing the court hereby grants Plaintiffs’ Motion for Summary Judgment as to Counts 1, la, 2, 2a, 3 (in part), 3a (in part) 4, and 4a. The court hereby grants Defendants’ Motion for Summary Judgment as to Counts 3 (in part) and 3a (in part).

FACTUAL BACKGROUND

The Magnuson-Stevens Fishery and Conservation Act (“MSA”) governs the management of federal fishing waters off the coast of the United States. As part of this process, the Commerce Department directs the National Oceanic and Atmospheric Administration, which in turn delegates practical management to the National Marine Fisheries Service (“NMFS”). The NMFS oversees the operations of the eight regional fishery management councils, including the Pacific Fishery Management Council (“Pacific Council”). The Pacific Council develops, among other…