North Carolina Fisheries Association v. Daley
United States District Court for the Eastern District of Virginia
27 F. Supp. 2d 650 (1998)
- Written by Tanya Munson, JD
Facts
In 1997, the Secretary of Commerce (the secretary) (defendant) issued summer flounder fishery-quota regulations (the 1997 quota) in North Carolina as a fishing-conservation measure. The secretary had undertaken an economic analysis using the number of North Carolina fishing vessels identified by principal port, home port, or residence to determine the adverse effects of the 1997 quota on North Carolina’s fishing communities. National Standard 8 of the Magnuson-Stevens Fishery Conservation and Management Act (the FCMA) required that the secretary take into account the effects of an action on fishing communities. The secretary considered the entire state of North Carolina as one fishing community because, in his opinion, a more detailed analysis would have been an undue burden. The economic analysis found that under the 1997 quota, the North Carolina quota suffered a 50 percent reduction, and the vessels would experience significant revenue reductions. The secretary concluded that the economic analysis satisfied National Standard 8. The secretary concluded that the 1997 quota posed no threat to the sustained participation of North Carolina’s fishing communities because the state’s fishing vessels were broadly disseminated, and revenue reductions would be widely dispersed among fishing communities. North Carolina Fisheries Association (NCFA) petitioned the district court to set aside the quota.
Rule of Law
Issue
Holding and Reasoning (Doumar, J.)
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