84 F.4th 102
2d Cir.2023Background
- The Magnuson-Stevens Act (MSA) requires fishery management plans to account for ten national standards, balancing conservation, science, fairness, efficiency, and community impacts.
- Summer flounder quotas were first allocated in 1993 based on 1980–1989 state landings; New York received ~7% and Virginia ~21% of coastwide catch.
- Since 1993 the summer flounder stock has shifted northward toward New York’s coast.
- NMFS’s 2020 Allocation Rule retained 1993 baseline shares for the first 9.55 million lbs, and apportioned any surplus catch equally (about 12% per state) during high-yield years.
- New York sued, arguing the 2020 Rule failed to account for the northward shift and violated National Standards 2, 4, 5, and 7 and the APA; the district court granted summary judgment to NMFS.
- The Second Circuit affirmed, holding NMFS reasonably relied on landings data, considered stock shift via surplus shares, and rationally balanced competing national standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| National Standard 2 (best scientific info) | NMFS ignored best science showing northward stock shift; quotas must reflect new stock location | NMFS considered stock shift but prioritized landings data as best indicator of community dependence; surplus shares partly reflect biomass shift | NMFS satisfied Standard 2: rule is "based upon" multiple scientific inputs and includes surplus adjustment for shift |
| National Standard 4 (fairness/equity) | Maintaining 1993 baselines is unfair to NY as fish moved north | Reducing baselines would harm communities that developed dependence over decades; must balance against Standard 8 (communities) | NMFS reasonably balanced equity against protecting dependent fishing communities; no violation |
| National Standards 5 & 7 (efficiency/cost) | Location-based reallocations would be more efficient given new stock distribution | Fleet mobility, trip lengths, and existing infrastructure make sudden reallocations inefficient and costly | NMFS rationally considered fleet characteristics and efficiency concerns; rule permissible |
| APA arbitrary-and-capricious / overall validity | 2020 Rule is arbitrary for insufficiently accounting for stock shift and failing to reconcile standards | Rule explains data choices, tradeoffs among standards, and provides rational connection between facts and allocation | Court finds NMFS’s explanation adequate under State Farm standard; affirms agency action |
Key Cases Cited
- Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins., 463 U.S. 29 (arbitrary-and-capricious standard requires reasoned explanation)
- Environmental Defense v. EPA, 369 F.3d 193 (agency discretion in weighing scientific inputs)
- Alliance Against IFQs v. Brown, 84 F.3d 343 (national standards create inherent tensions requiring agency judgment)
- FCC v. Prometheus Radio Project, 141 S. Ct. 1150 (deference to agency technical and policy judgments)
- Massachusetts v. EPA, 549 U.S. 497 (agencies may make incremental regulatory adjustments)
- Town of Southold v. Wheeler, 48 F.4th 67 (standard of review for APA summary-judgment appeals)
- New York v. Atlantic States Marine Fisheries Comm'n, 609 F.3d 524 (distinction between federal EEZ and state waters authority)