(United States Ninth Circuit) - In an action under the Magnuson-Stevens Fishery Conservation and Management Action brought by two groups of commercial fishermen urging the rejection of Amendment 12,which removed the historic net-fishing area of Cook Inlet from the Salmon Fishery Management Plan (FMP), the District Court’s summary judgment in favor of the government is reversed where: 1) the National Marine Fisheries Service cannot exempt a fishery under its authority that required conservation and management from an FMP because the agency is content with State management; and thus, or 2) Amendment 12 is opposite to law to the extent it removed Cook Inlet from the FMP.
Source: findlaw.com