Coastal Conservation Commission v. Gutierrez

2005 WL 2850325 (2005)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Coastal Conservation Commission v. Gutierrez

United States District Court for the Middle District of Florida
2005 WL 2850325 (2005)

DC

Facts

Pursuant to the Magnuson-Stevens Act (the act), in 1983, the secretary of commerce (the secretary) (defendant) approved the Gulf of Mexico Fishery Management Plan for Reef Fish Resources (Reef Fish FMP). The Reef Fish FMP was designed to rebuild overfished reef-fish stocks to stable levels and was implemented through amendments regulating fish quotas, bag limits, and other limitations. In 2000, based on 1997 red grouper stock levels, the National Marine Fisheries Service (NMFS) determined that red grouper had been overfished. To address the overfishing, the secretary submitted proposed Secretarial Amendment 1 to the Reef Fish FMP. A 2002 stock assessment determined that red grouper stock was no longer overfished but had not yet attained continuous maximum sustainable yield. Secretarial Amendment 1 was revised and promulgated in 2004, indicating that measures were still needed to restore red grouper stock within 10 years. Pursuant to Secretarial Amendment 1, the NMFS published a rule imposing a recreational-bag limit and a commercial-catch weight limit on red grouper in 2004. In 2005, after recreational red grouper catch levels remained consistently high, the NMFS published an interim rule further reducing the red grouper bag limit, imposing an aggregate grouper bag limit for all groupers, and closing recreational fishing for all grouper species in the Gulf of Mexico for two months. The Coastal Conservation Association and Fishing Rights Alliance (the fishing groups) (plaintiff) challenged the aggregate grouper bag limit and two-month recreational closure for all grouper species.

Rule of Law

Issue

Holding and Reasoning (Steele, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 744,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 744,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 744,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership