Ross
Oceana, Inc. v. Ross
Opinion
Trial Court Opinion
I. BACKGROUND
26 Below, the Court summarizes the most relevant parts of the instant case. The September 2, 27 2020 Order provides a more fulsome description of the background of the instant case. See Oceana, 483 F. Supp. 3d at 767–774. In response to overfishing concerns, Congress enacted the Magnuson-Stevens Fishery Conservation and Management Act of 1976 (“Magnuson-Stevens Act”). The Magnuson-Stevens Act created eight Regional Fishery Management Councils and requires the Councils to create fishery management plans (“FMPs”) aimed at preventing overfishing. 16 U.S.C. §§ 1852(h)(1), 1801(b)(4), 1854(a)(3). The Magnuson-Stevens Act sets ten “national standards for fishery conservation and management,” the first two of which are relevant to the instant case. 16 U.S.C. § 1851(a). National Standard One requires that “[c]onservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery for the United States fishing industry.” 16 U.S.C. § 1851(a)(1). National Standard Two requires that “[c]onservation and management measures shall be based upon the best…