C&W Fish Co., Inc. v. Fox

United States District Court for the District of Columbia · 1990 · Administrative Law

Administrative LawJudicial Review of Agency ActionFishery RegulationAPAMFCMAMagnuson Actarbitrary and capriciousadministrative record

Facts

Plaintiffs included fish wholesalers and commercial fishermen who depended economically on Atlantic king mackerel harvested with drift gillnets. They challenged a rule published at 55 Fed. Reg. 14833 (1990) that prohibited drift gillnets in that fishery, arguing the ban was invalid, unsupported by the record, tainted by bias, and inconsistent with national standards. Plaintiffs asserted prior attempts to secure such a ban had failed and that the NMFS Southeast Regional Director had earlier found inadequate data to support it. The challenged rule was approved by defendant Fox, published on April 19, 1990, and made effective April 13, 1990.

Issue

Whether the agency's prohibition on drift gillnets in the Atlantic king mackerel fishery should be set aside under the MFCMA and APA as arbitrary, capricious, otherwise not in accordance with law, or tainted by impermissible bias or conflict of interest on the part of the rulemaker.

Rule

Under 16 U.S.C. § 1855(d), fishery regulations are reviewed in accordance with APA chapter 7, and a court may set aside such a regulation only on grounds specified in 5 U.S.C. § 706(2)(A), (B), (C), or (D). For this case, the court applied § 706(2)(A): agency action may be set aside only if it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, and review is focused on the existing administrative record. In rulemaking, a decisionmaker should be disqualified only upon a clear and convincing showing that the official had an unalterably closed mind on matters critical to the proceeding.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

The Secretary of Commerce approves a regulation closing a portion of a red snapper fishery off the coast of Alabama after notice and comment. In a challenge filed in federal court, boat owners from Mobile argue the rule should be vacated because the judge would have weighed the competing biological studies differently, even though the agency's final rule discusses comments received and cites record evidence supporting the closure.

How should the court most likely rule?

Explanation. Under the governing standard, the court asks whether the regulation is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. The focal point is the existing administrative record, and the court does not substitute its own policy judgment for the agency's where the record supports the decision. (Derived from C&W Fish Co., Inc. v. Fox (n.d.).)