Ninth Circ. Backs Pact To Protect Turtles

Law360, San Diego (March 14, 2012, 11:41 PM EDT) -- The Ninth Circuit on Wednesday upheld a consent decree between environmental groups and federal agencies that sought to limit interactions commercial fishermen had with sea turtles.

The three-judge panel rejected the Hawaii Longline Association’s arguments that the agreement violated the Magnuson-Stevens Act, which governs fishery management plans, and the Administrative Procedure Act.

“The consent decree does not purport to make substantive changes to the fishery regulations, so the rulemaking provisions of the Magnuson Act and the APA do not apply,” Judge Alfred Goodwin wrote.

Turtle Island...
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