Bean

ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT [93, 99, 101]

Plaintiffs are four trade groups representing fishermen who fish near San Nicolas Island. They ask the Court to hold unlawful and set aside action of the Fish and Wildlife Service (“FWS”) which, *1203 among other things, eliminated a regulation immunizing fishermen who accidentally harm California sea otters in this area. Intervenor-Defendants are seven nonprofit organizations that share an affinity for marine mustelids. On November 11, 2016, Plaintiffs filed a motion for summary judgment. On December 16, 2016, the FWS and Intervenor-Defendants filed cross-motions.

I.BACKGROUND

The facts and procedural background to this case are set forth at Cal. Sea Urchin Commission v. Bean, 828 F.3d 1046, 1047-48 (2016). What follows is a brief summary. In 1986, Congress enacted Public Law No. 99-625, authorizing the FWS to establish an experimental population of California sea otters on San Nicolas Island (the “Translocation Program” or “Program”). In 1987, the FWS promulgated regulations to implement this statute (the “Translocation Plan” or “Plan”). The Plan provided for the termination of the Program in the event one of several…