requires. This failure is fatal to the 2001 BiOp.” Court Order at page 33.
“The Court concludes that the 2001 BiOp's finding of no adverse modification of critical habitat and no jeopardy to the continued existence of Steller sea lions is arbitrary and capricious because the necessary analysis of the impact of the [fishing plan] on Steller sea lions, their prey, and their critical habitat was not performed.” Court Order at pages 33-34.
“We challenged the 2001 BiOp because NMFS approved a plan with weaker protections, sponsored by the industry, without adequately looking at the impact on sea lions. In yesterday's ruling, the Court said this was illegal,” said de Fontaubert.
“We must do a better job of understanding and protecting our oceans' resources otherwise we are all in jeopardy,” said Ayers of Oceana. “We hope NMFS realizes that by bringing people together to resolve these problems, we can do so without litigation.”
The plaintiffs said they would work to ensure that NMFS completes the work necessary to analyze fishing impacts on Steller sea lions, their habitat, and other marine resources. “The court gave the agency a blueprint for complying with the Endangered Species Act. We hope the agency will follow it, and that this long-running litigation can come to an end,” said Janis Searles, staff attorney with Earthjustice.
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