San Francisco, CA — Sept. 11, 2012 — On September 10th, a federal appeals court unanimously upheld a prior court's ruling that the west coast groundfish individual transferable quota (ITQ) system, a form of catch share, was lawfully executed. The decision helps to ensure that the efforts to improve the management and conservation of the resource through a catch share will continue as originally designed.
In its decision, the U.S. Court of Appeals for the Ninth Circuit held that the ITQ program complies with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act and the National Environmental Policy Act. Pacific Coast Fed'n of Fishermen's Associations v. Blank, No. 11-17108, opinion filed September 10, 2012. In finding for the National Marine Fisheries Service (NMFS), the administering agency within the U.S. Department of Commerce that governs fishing in federal waters, the court determined that the agency properly considered the impacts of the program and took necessary steps to achieve its goals, including increasing economic benefits, protecting the environment, and holding fishermen accountable for staying within catch limits.
"We are pleased that the court confirmed that the catch share program is legal and should continue," said Brent Paine of United Catcher Boats, a fishing group that participated as a friend of the court in the lawsuit. "Disrupting a system that has put the west coast fishing industry back on the right track would have been a disaster and cost jobs at a critical time."
Read the full press release here