ELR Citation: 54 ELR 20155
No(s). 3:23-cv-00283-SLG (D. Alaska Nov 8, 2024) (Gleason, J.)

A district court dismissed a trade group's lawsuit challenging NMFS' implementation of an amendment to the groundfish fishery management plan (FMP) that changed how the halibut bycatch limit is set for fisheries in the Bering Sea and Aleutian Islands. The group argued the amendment violated the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and NEPA. The court found NMFS did not violate the MSA because it explained how the amendment was rationally connected with the FMP goal to manage bycatch and why any hardship imposed on the fisheries was outweighed by the total benefits received by the directed halibut fishery and halibut stock; sufficiently reasoned that the amendment was reasonably calculated to promote conservation; and adequately explained its conclusion that the amendment was practicable. It further found that the purpose and need statement in the final EIS satisfied NEPA, and that NMFS adequately explained why an alternative that considered abundance-based halibut limits for other groundfish fisheries would not be viable. It dismissed the suit.