UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ANGLERS CONSERVATION
NETWORK, et al .
Plaintiffs,
Civil Action No. 13-1761 (GK)
v.
PENNY PRITZKER, et al.,
Defendants.
MEMORANDUM OPINION
Plaintiffs, Anglers Conservation Network, Gateway Striper
Club, Inc., Paul Eidman, and Philip Lofgren (collectively,
"Plaintiffs"), bring this case against the Secretary of the
Department of Commerce ("the Secretary") , the National Oceanic
and Atmospheric Administration ("NOAA"), and the National Marine
Fisheries Service ( "NMFS") (collectively, "Defendants") pursuant
to the Magnuson-Stevens Fishery Conservation and Management Act
("MSA"), 16 U.S.C. §§ 1801 et seq.; the National Environmental
Policy Act ("NEPA"), 42 U.S.C. §§ 4321 et seq.; and the
Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701 et seq.
This matter is before the Court on Defendants' Motion to
Dismiss [Dkt. No. 17]. Upon consideration of the Motion,
Opposition [Dkt. No. 28], and Reply {Dkt. No. 29], and the
entire record herein, including the arguments presented at the
Motion Hearing on September 30, 2014, and for the reasons set
forth below, Defendants' Motion shall be granted.
I . BACKGROUND
A. The Magnuson-Stevens Act
Congress first enacted the MSA in 197 6 "to take immediate
action to conserve and manage the fishery resources found off
the coasts of the United States [.]" 16 u.s.c. § 1801(b) (1).
The Act establishes a federal-regional framework "for the
conservation and management of the fishery resources of the
United States" in order to "prevent overfishing," "rebuild
overfished stocks," "[e]nsure conservation," and "facilitate
long-term protection of essential fish habitats." Id.
§ 1801(a) (6); see also Natural Res. Def. Council, Inc. v. Daley,
209 F.3d 747, 749 (D.C. Cir. 2000). Regulation of fisheries is
accomplished through fishery management plans ("FMPs") that are
developed and prepared by independent regional fishery
management councils and approved, implemented and enforced by
NMFS, a division within the Department of Commerce. 1 See 16
u.s.c. §§ 1853-1854.
1
The Secretary of the Department of Commerce has delegated her
responsibility to ensure compliance with the MSA to NOAA, which,
in turn, has subdelegated that responsibility to NMFS. Compl.