Nmfs
United Cook Inlet Drift Ass'n v. National Marine Fisheries Service
Opinion
Opinion
Hurwitz, J.
The Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-91 (“Magnuson-Stevens Act,” or “the Act”), creates a “national program for the conservation and management of the fishery resources of the United States.” Id. § 1801(a)(6). The Act establishes eight Regional Fishery Management Councils, each of which “shall” prepare a fishery management plan (“FMP”) “for each fishery under its authority that requires conservation and management.” Id. § 1852(a), (h)(1). The Secretary of Commerce,, acting through the National Marine Fisheries Service (“NMFS”), then reviews each FMP or amendment of a plan “to determine whether it is consistent with the [Act’s] national standards, the other provisions of this chapter, and any other applicable law,” 16 U.S.C. § 1854 (a)(1). See Or. Trailers Ass’n v. Gutierrez, 452 F.3d 1104, 1108 (9th Cir. 2006).
The issue for decision is whether NMFS can exempt a fishery under its authority that requires conservation and management from an' FMP because the agency is content with State management. The district court held that' it could. We disagree, and reverse.