MEMORANDUM OPINION
HUVELLE, District Judge.
On August 2, 2005, this Court held that the United States Fish and Wildlife Service ("FWS") lacked statutory authority to promulgate Framework 16 to the Scallop Fishery Management Plan insofar as it undid the habitat closure areas that had been established by Amendment 10 to that Plan. Oceana, Inc. v. Evans,
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