ELR Citation: ELR 20300
No(s). 07-5389 (D.C. Cir. Dec 16, 2008)

The D.C. Circuit held that it lacks jurisdiction to hear an appeal regarding a dispute between a fisheries association and the U.S. Department of Commerce over whether an amendment to the fishery management plan for South Atlantic Snapper Grouper violated the Magnuson-Stevens Fishery Conservation and Management Act. The lower court held that the Department had not complied with its statutory obligation to promulgate a rebuilding plan for certain fish species following a determination that such species were overfished. It ordered that the parties confer on an appropriate remedy and submit a joint proposal or, should disagreement persist, separate proposals. Because the parties were unable to reach agreement, the district court adopted the government's proposal with slight adjustments to the suggested timetable. The association and its constituent members participated in this process but they did not seek judicial review of the amendment in the district court. Instead, they filed this appeal. The court, however, lacks jurisdiction. Although the new regulation was put into place in response to the district court's remand order, if the association believed the new regulation was still inadequate, it should have raised that challenge in the district court before filing the instant appeal.