ELR Citation: ELR 20017
No(s). 08-36024 (9th Cir. Jan 19, 2010)

The Ninth Circuit affirmed a lower court decision that the Secretary of Commerce did not arbitrarily and capriciously modify the catch quota allocations for Pacific cod under the Magnuson-Stevens Fishery Conservation and Management Act. A fishing boat operator argued that the allocation was not based on the best scientific information available and that it failed to satisfy the stated objectives of the fishery management plan in violation of the Act. But the Secretary provided ample justification for using the catch data that he relied on in determining allocations, even though he used certain historical data while other, more recent data were discounted. And although the operator's allocation was reduced for the benefit of coastal Alaskan residents, the Secretary's allocation was justified. The fishery management plan's stated objectives provide that allocations be based on, among other things, socioeconomic considerations. The court also rejected the operator's claims that the Secretary violated §211(a) of the American Fisheries Act by adversely impacting non-AFA vessels such as itself. In sum, the Secretary is allowed to sacrifice the interests of some groups of fishermen for the benefit of the fishery as a whole.