Facts

In 2010, the National Marine Fisheries Service, which oversees federal fisheries - including those off the coasts of California, Oregon, and Washington - implemented Amendment 13 to its fishing plan, which altered management measures for the Coastal Pelagic Species Fishery. The change affected the northern anchovy, Pacific sardine, Pacific Mackerel, jack mackerel, and market squid, each of which live in the water column, rather than near the sea floor. Following the amendment, Oceana field suit against the National Marine Fisheries Service.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged the amendment contravened the Magnuson-Stevens Fishery Conservation and Management Act, the Endangered Species Act, and the National Environmental Policy Act. Specifically, Oceana contended the amendment did not establish optimum yield of maximum sustainable yield for the covered species in violation of Magnuson-Stevens. Oceana also argued the amendment needed an environmental impact statement and a formal consultation regarding endangered species.

DEFENDANT'S CONTENTIONS:
The defendant claims that plaintiff argued that the challenge over the failure to establish maximum sustainable yield came too late, and would cause disruption to the plan.

Result

The court granted summary judgment to plaintiff in part, in relation to the maximum sustainable yield value for the northern subpopulation of the northern anchovy. However, the court rule in favor of the defendants on the other claims.