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Louisiana and Texas fisheries agencies suit

Louisiana and Texas fisheries agencies suit

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Published by bblochnola
Louisiana and Texas fisheries agencies suit filed on Monday, April 22, 2013
Louisiana and Texas fisheries agencies suit filed on Monday, April 22, 2013

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Published by: bblochnola on Apr 23, 2013
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11/09/2013

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reasons. First, it does not meet NMFS own criteria necessary to establish an

emergency. Second, it does not comport with the National Standards, and, third, it

violates Magnuson-Stevens Act’s policy of cooperative federalism by improperly

attempting to regulate the red snapper fishing season in state waters without a

statutorily sufficient basis for doing so.

A. Because the Emergency Rule does not meet the three criteria necessary to
qualify as an emergency, the Secretary, acting through NMFS, lacks
authority to promulgate it.

(a) The 3 criteria for establishing an emergency have not been met.

Criteria (1): The circumstances must be recent, unforeseen, or recently discovered.

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