ELR Citation: ELR 20208
No(s). CIV. A. 04-1155(RJL) (D.D.C. Oct 11, 2005)

A court dismisses environmental groups' challenges to three National Oceanic and Atmospheric Administration National Marine Fisheries Service (NOAA Fisheries Service) decisions relating to the treatment of sea turtles under a fishery management plan (FMP) for the Atlantic Highly Migratory Species Pelagic Longline Fishery. Specifically, the groups challenged a final rule implementing the new FMP regulations, a 2004 biological opinion (BO), and a supplemental environmental impact statement (SEIS). The FMP, however, is consistent with Magnuson-Stevens Act National Standard 2, which requires conservation and management measures to be based on the best scientific information available. Nor does it violate National Standard 9, which requires conservation measures to minimize bycatch and, to the extent bycatch cannot be avoided, minimize the mortality of such bycatch. In addition, NOAA Fisheries Service considered the best scientific and commercial data available in reaching its conclusions in the 2004 BO. Lastly, the SEIS allowed for sufficient public comment and adequately identified cumulative impacts. The government's motion for summary judgment was therefore granted.