Ross

Oceana, Inc. v. Ross

Good Law
United States District Court, Northern District of CaliforniaMay 5, 20213:19-cv-03809California4,459 words

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…

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