Oceana, Inc. v. Locke, et al., No. 10-5299 (D.C. Cir. 2011)
Annotate this CaseOceana, Inc. brought this suit against the National Marine Fisheries Service challenging as unlawful the methodology it used to track bycatch in the fisheries of the Northeastern coast of the United States. At issue was whether the district court properly concluded that the methodology satisfied applicable law and properly entered summary judgment for the Fisheries Service. The court held that because the Fisheries Service had merely described but had not, as the Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act, 16 U.S.C. 1801-1884, required, "established" a "standardized reporting methodology" to assess bycatch in the Northeastern fisheries, the court reversed the judgment and instructed the district court to vacate the ruling adopting the methodology and to remand the matter to the agency for further proceedings.
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