ELR Citation: ELR 20207
No(s). 04-0810 (ESH) (D.D.C. Oct 6, 2005)

A court denies motions to clarify or modify an earlier decision in which it held that the U.S. Fish and Wildlife Service lacked statutory authority to promulgate Framework 16 to the Scallop Fishery Management Plan insofar as it undid the habitat closure areas that had been established by Amendment 10 to that plan. In that decision, the court vacated those parts of Framework 16 that modified the Amendment 10 closures and stated that "for the time being . . . the habitat closures in Amendment 10 . . . will remain in place." The initial ruling should stand, the Amendment 10 closures should be reinstated, and the National Oceanic and Atmospheric Administration's National Marine Fisheries Service need not repromulgate closure regulations.