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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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requirement of National Standard 8 that an attempt be made to minimize the

economic impact of the Emergency Rule. Texas estimates that its total loss could be

as much as $1 million per day for each day that the red snapper season is shortened.

This is a high price to pay for an Emergency Rule that will affect only the 2013

season. As noted above, there is no evidence that the alleged emergency is so great

and so immediate that it cannot be taken care of beginning in 2014 after normal notice

and comment rulemaking. Instead, the Emergency Rule was promulgated at the last

minute, notwithstanding NMFS’s ten-month long prior knowedge that Louisiana

would enact a different red snapper season, to deprive the Gulf states of notice and

an opportunity to comment and to force Texas and Louisiana to chose between

absorbing a significant economic loss or shortening their state seasons to match the

proposed federal season. Allowing NMFS, through the Emergency Rule, to force

Texas and Louisiana to make this choice would allow Respondents to, in effect,

regulate fishing in Texas and Louisiana’s territorial seas without complying with the

requirements of 16 U.S.C. § 1856, one of which is notice and the opportunity for

a hearing. The avoidance of this long-standing requirement of the Magnuson-

Stevens Act, and indeed, almost all federal rulemaking, appears to be the real goal of

the Emergency Rule.

Case 1:13-cv-00070 Document 1 Filed in TXSD on 04/22/13 Page 44 of 49

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