ELR Citation: 53 ELR 20010
No(s). 22-1260 (TJK) (D.D.C. Jan 6, 2023) (Kelly, J.)

A district court denied summary judgment for commercial fishermen and a trade group in a lawsuit concerning NMFS' allocation of red grouper fishing privileges in the Gulf of Mexico among recreational and commercial fishermen. Plaintiffs argued that Amendment 53 to the fishery management plan for reef fish resources in the Gulf, which allocated more of the total allowable catch to the recreational sector and increased the risk of red grouper overfishing, violated the Magnuson-Stevens Act, the APA, and NEPA. The court found that NMFS' explanation for why the amendment satisfied national standards was rational and supported by the record, that the Service examined the relevant data and provided a satisfactory explanation for its actions, and that its range of alternatives was reasonable under NEPA. The court denied summary judgment for plaintiffs, and granted NMFS' cross-motion.