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Improving the Use of the "Best Scientific Information Available" Standard in Fisheries Management (2004) / Chapter Skim
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Appendix H: Recent Case Law Support for Guidelines on “Best Scientific Information Available”
Pages 99-106

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From page 99...
... Daley -- studies of mobile gear effects on other habitats "not sufficiently analogous" to prove effects on tilefish habitat; views of the preparers of the fishery management plan upheld by the court (Natural Resources Defense Council v. Daley, 254 F
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From page 100...
... from the National Marine Fisheries Service during consultation on peacetime use of low-frequency sonar; the study is "directly relevant" and is not "`junk science'" (Natural Resources Defense Council v. Evans, 279 F
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From page 101...
... National Marine Fisheries Service -- groundfish rebuilding; court defers to agency: "Faced with a choice between an interpretation of the Sustainable Fisheries Act that requires a moratorium on harvesting of fish species that take more than ten years to regenerate naturally, and an interpretation that permits limited harvesting over the course of a longer rebuilding period, [the National Marine Fisheries Service] selected -- after public notice and comment -- the latter interpretation" (Natural Resources Defense Council
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From page 102...
... Evans -- ordering defendants to prepare and adopt rebuilding amendments for darkblotched rockfish, canary rockfish, lingcod, and Pacific Ocean perch by January 31, 2004, and for bocaccio rockfish, cowcod, yelloweye rockfish, and widow rockfish by April 15, 2004; "there is evidence in the legislative history...that the Councils could be a source of delay and accordingly provided that where a council fails to prepare and complete a rebuilding plan in the statutorily mandated time period, the [National Marine Fisheries Service] itself should take over and complete the plan within the allotted time" (Natural Resource Defense Council v.
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From page 103...
... Evans -- groundfish; rejecting a request that the court "light a fire" under the agency to move more aggressively to correct "overfishing"; "where is the science to support a shorter timeline than the agency proposes? " (Natural Resources Defense Council v.
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From page 104...
... Daley -- approving the establishment of essential fish habitat amendments that lacked site-specific scientific information; "review of the Secretary's action must be especially deferential, given the highly complicated scientific data that the agency must interpret" (American Oceans Campaign v. Daley, 183 F
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From page 105...
... Mineta -- approving imposition of shark quotas over objections that they were unsupported by catch-rate data and insufficient for stock evaluation purposes; "regulation is permissible even if the agency lacks complete information" (Blue Water Fishermen's Association v. Mineta, 122 F
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Key Terms

  • national marine
  • defense council
  • resources defense
  • endangered species
  • american oceans

  • species act
  • oceans campaign
  • fisheries service
  • national environmental
  • policy act

  • environmental policy
  • management plan
  • fishery management
  • fish habitat
  • sierra club

  • steller sea
  • telemetry data
  • public notice
  • catcher boats
  • sufficient escapement

  • empirical evidence
  • service chooses
  • definitive conclusions
  • foraging steller
  • sea lion

  • percent ocean
  • resource defense
  • succeed offers
  • formal taxonomic
  • leatherback turtles


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