ELR Citation: 42 ELR 20239
No(s). 11-1952 et al (1st Cir. Nov 28, 2012)

The First Circuit upheld an amendment to the fishery management plan for the Northeast Multispecies Groundfish Fishery. Among other things, the amendment altered and expanded the fishery's preexisting "sector allocation program" and established new restrictions on fishing activities to prevent overfishing. A number of plaintiffs filed suit challenging the amendment, arguing that it failed to include certain protections required by the "limited access privilege program" (LAPP) provisions set forth in the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. But no element in the amendment's sector program meets the statutory definition of a LAPP, and the National Marine Fisheries Service's (NMFS') conclusion that the amendment does not meet the statutory elements for a LAPP conforms to long-standing regulations governing fisheries and is entitled to deference. Nor does the amendment contravene the Reauthorization Act's ten national standards. In addition, the amendment complies with NEPA, as the record demonstrates that the NMFS engaged in reasoned decisionmaking and reached rational outcomes to hard choices.