ELR Citation: 52 ELR 20055
No(s). 20-17412 (9th Cir. May 10, 2022)

The Ninth Circuit affirmed summary judgment for the National Park Service (NPS) in a challenge to the Service's authority to prohibit commercial herring fishing in the Golden Gate National Recreation Area (GGNRA). A fishing group argued that NPS lacked authority under the GGNRA Act to enforce the commercial fishing prohibition on navigable waters within the GGNRA's boundaries. The appellate court found the language and structure of the GGNRA Act authorized NPS to administer the navigable waters within the area's boundaries one-quarter mile offshore, and thus that NPS could enforce its generally applicable commercial fishing prohibition in the disputed waters of the GGNRA.