August 8, 2016 — A federal appeals court upheld the government’s annual fishing quotas Thursday for the Pacific whiting, which dwells near the ocean floor off the coast of California, Oregon and Washington.
A vessel owner and a fish processor, both from Washington state, filed suit in San Francisco challenging the National Marine Fisheries Service’s limits on harvesting the whiting, which took effect in 2011. The rules, aimed at preserving the fish supply and discouraging frenzied activity at the outset of the fishing season, assigned each permit-holder a share of the overall catch based on their shares in past years — 2003 for fish harvesters, and 2004 for processors. Those years coincided with the start of the government’s rule-making process.
Other fishing companies and the Environmental Defense Fund supported the quotas. Their opponents argued that the selection of past years was arbitrary and violated a law requiring federal officials to take into account “present participation in the fishery” and “dependence on the fishery” when setting limits.