ELR Citation: 56 ELR 20071
No(s). 26-1533 (RC) (D.D.C. May 21, 2026) (Contreras, J.)

A district court granted fishing groups', trade groups', and commercial fishermen's motion for preliminary injunction in a challenge to four fishing permits issued by NMFS to four South Atlantic states. Plaintiffs argued NMFS violated the APA by issuing the permits, which exempt certain recreational fishing data collection activities from federal regulations promulgated under the Magnuson-Stevens Act (MSA). The sought to preliminarily enjoin or stay the permits, arguing they were not a product of reasoned decisionmaking and would likely allow overfishing of South Atlantic red snapper in a manner inconsistent with the MSA's conservation requirements and its mandate to prevent overfishing. The court found NMFS granted the permit applications without considering the evidence that the four permits would lead to overfishing, and thus "failed to consider an important aspect of the problem." It further found plaintiffs showed a credible risk that the permits would further delay rebuilding efforts, limit access, and prolong the restrictions on red snapper stock. It granted the motion for preliminary injunction.