Lovgren v. Secretary of Commerce
United States Court of Appeals for the First Circuit
701 F.3d 5 (2012)

- Written by Alex Ruskell, JD
Facts
The New England Fishery Management Council (council) and the National Marine Fisheries Service (service) promulgated regulations extending a sector allocation plan and new restrictions to protect the New England coast from overfishing. Lovgren (plaintiff) sued, arguing that the sector allocation plan was actually a limited access privilege program or an individual fishing quota, which required certain procedures before it could be enacted. Under the Magnuson-Stevens Fishery Conservation and Management Act, privilege programs and quotas could not be instituted without certain procedural protections. The council and the service argued that the allocation plan was not a privilege program or quota because sector allocations were voluntary, required no permits, and were neither permanent nor long term. The court ruled in the government’s favor, and Lovgren appealed.
Rule of Law
Issue
Holding and Reasoning (Lynch, C.J.)
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