New Ninth Circuit case dealing with fisheries near the Hawaiian Islands. The case is Turtle Island Restoration Network, et al. v. Department of Commerce, et al and it can be found here.
In the latest chapter of the litigation over the Hawaii longline fishery and its interaction with sea turtles, the Hawaii Longline Association, in its capacity as an intervenor, appealed the approval of a consent decree affecting the regulation and management of the Hawaii swordfish longline fishery. The Association challenged the consent decree arguing that the consent decree violate the rulemaking provisions of the Magnuson-Stevens Act and the Administrative Procedures Act. The Ninth Circuit upheld the consent decree.
The consent decree, also known in this case as a stipulated injunction, reduced the allowable incidental take of turtles and called for a new Biological Opinion to be prepared by the National Marine Fisheries Service.
On appeal, the Ninth Circuit found that the use of the consent decree did not violate the Magnuson Stevens Act which doesn't reference consent decrees and then found that if federal agencies cannot settle cases, through the use of a consent decree, then the settlement of such cases would be more difficult.
More over at Planet Kauai.
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