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MASSACHUSETTS AUDUBON SOCIETY, INC. v. DALEY

No. Civ.A. 97-12297-WGY.

31 F.Supp.2d 189 (1998)

MASSACHUSETTS AUDUBON SOCIETY, INC., Plaintiff, v. William DALEY, in his capacity as Secretary of Commerce for the United States; Rolland A. Schmitten, in his capacity as Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration and Director of the National Marine Fisheries Service; Gary A. Matlock, in his capacity as Director of the Office of Sustainable Fisheries of the National Marine Fisheries Service; Rebecca Lent, in her capacity as Chief of the Highly Migratory Species Management Division of the National Marine Fisheries Service, Defendants.

United States District Court, D. Massachusetts.

December 17, 1998.

Attorney(s) appearing for the Case

William C. Henchy, Orleans, MA, for Massachusetts Audubon Society, plaintiff.

Mark A. Brown, U.S. Department of Justice, Wildlife & Marine Resources, Washington, DC, John A. Capin, United States Attorney's Office, Boston, MA, for William Daley, In his capacity as Secretary of Commerce for the United States, defendants.

MEMORANDUM AND ORDER

YOUNG, District Judge.

The plaintiff, the Massachusetts Audubon Society ("Audubon"), brings suit for declaratory and injunctive relief against the defendants, William Daley, Secretary of Commerce, along with the heads of various sub-agencies within the Department of Commerce charged with fisheries management responsibilities (the "Agency"). Audubon assails the Agency's management of the Atlantic Bluefin Tuna fishery as violative...

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