August 3, 2017 — PAGO PAGO, American Samoa — The federal court in Honolulu has denied the US National Marine Fisheries Service (NMFS) motion for reconsideration, to amend the court decision issued this past March that found that the NMFS 2016 rule to reduce from 50 to 20 miles the Large Vessel Prohibited Area (LVPA) in territorial waters “was arbitrary and capricious”.
MOTION DENIED
“The court has considered the Motion for Reconsideration as a non-hearing matter,” according to the one-page decision issued this past Monday. “After careful review of the motion, supporting and opposing memoranda, and the relevant legal authority, the Motion for Reconsideration is hereby denied.”
According to the decision, a written order by the court will follow, that will supersede this ruling. It’s not clear when the written order will be rendered by the court.
BACKGROUND
Besides NMFS, other defendants in the case were the US Commerce Department, and NOAA fisheries. NMFS issued a 2016 LVPA rule which became effective on Feb. 3, 2016.
Plaintiff is the Territory of American Samoa, through the Governor’s Office, or ASG. The major focus of the plaintiff’s lawsuit, filed in March 2016, centered around the two Deeds of Cession — 1900 Deed of Cession for Tutuila and Aunu’u islands and the 1904 Deed of Cession for Manu’a islands — with the United States.