"You
Win Some, You
Lose Some: The Costs and
Benefits of Litigation in Fishery Management"
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A symposium sponsored by the
National Fisheries Conservation Center. Presented at the 131st
Annual Meeting of the American
Fisheries Society. Phoenix, Arizona, August 22, 2001.
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the discussion
A widespread sense of frustration with the present status of
fisheries and fishery management is causing fishery stakeholders
on all sides of the table to turn to the courts to settle their
differences.
The Magnuson-Stevens Fishery Conservation and Management Act,
the National Environmental Policy Act, the Regulatory Flexibility
Act and other statutes provide for judicial review of agency
decisions and include citizen suits as a tool.
Litigation can be a powerful motivator for problem solving and
an effective tool in protecting the public trust. But is it
being overused? The National Marine Fisheries Service is currently
faced with an unprecedented number of lawsuits. What are the
costs and benefits of resolving fishery conflicts through federal
courts?
Leaders in the field will examine this question and explore
alternative methods of dispute resolution that can produce win-win
solutions, build strategic partnerships, and provide ways to
manage the cost-benefit ratio of decisionmaking and advocacy.
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