ELR Citation: 55 ELR 20108
No(s). 25-00209 MWJS-WRP (D. Haw. Aug 8, 2025) (Smith, J.)

A district court granted summary judgment for cultural and environmental groups in a challenge to a letter NMFS sent to fishing permit holders informing them that commercial fishing was no longer prohibited in certain areas of the Pacific Islands Heritage Marine National Monument following a presidential proclamation. The groups argued NMFS violated the Magnuson-Stevens Fishery Conservation and Management Act and the APA by failing to engage in notice-and-comment rulemaking before sending the letter. The court found the letter constituted final agency action because it created a safe harbor for commercial fishing operations by announcing a firm agency commitment to nonenforcement, and thus carried significant legal consequences. It further found NMFS chose not to advance an argument that the letter was an interpretive rule rather than a legislative one, and thus forfeited any argument that notice-and-comment procedures were unnecessary. It granted summary judgment for the groups and vacated the letter.