WASHINGTON — August 6, 2012 — U.S. District Court Judge Gladys Kessler has found that the National Marine Fisheries Service (NMFS) acted illegally in approving the plan put together by the New England Fisheries Management Council known as Amendment 4 and tossed out the entire amendment.
The order is the latest development in a lawsuit filed in April 2011 by a coalition of recreational anglers and charter-boat fishermen, and conservationists that asked NMFS to consider protections for severely depleted river herring, shad, and sea herring—the key links in the food chain for the Northeast’s ocean ecosystem and fisheries. Specifically, the order:
Requires NMFS and the New England Council to review the most recent science and consider a full suite of protections for river herring and shad
Gives NMFS one year to take action to minimize the bycatch of river herring and shad (such as a recently proposed cap on the total bycatch allowed)
Orders NMFS to consider new approaches for setting the allowable catch for sea herring that accounts for its role as food for other fish, birds, and whales
Requires reports to the Court in one, six, and 12 months
Orders that Amendment 4 is vacated (null), effective one year from now
Additionally, the court will retain oversight of the Agency’s actions in this matter until NMFS fully complies with the Order.