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"You Win Some, You Lose Some: The Costs and
Benefits of Litigation in Fishery Management"


Click here to read the complete symposium transcript, including speaker presentations and panel discussion.

Click here to read the panel discussion only.

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.

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.

Bonnie McCay
Rutgers State University Of New Jersey transcript of Bannie's remarks

He Said, She Said: The Effects Of Litigation On Stakeholders


Susan Hanna

Oregon State University
transcript of Susan's remarks

More Than Meets The Eye: The Transactions Costs Of Litigation


Peter Shelley
Conservation Law Foundation
transcript of Peter's remarks

Ten Years After The Fall: Litigation And Groundfish Recovery In New England


Thane Tienson
Landye Bennett Blumstein
transcript of Thane's remarks

Carrots and Sticks: How Litigation Can Promote Negotiation And Other Settlement Solutions


Mariam McCall
National Oceanic And Atmospheric Administration
transcript of Mariam's remarks

The View From Ground Zero: Government As Defendant; Courts As Fishery Managers


Brad Warren
Pacific Fishing Magazine
transcript of Brad's remarks

Thirty Years Before The Mast: Watching The Evolution Of Environmental Advocacy In Fishery Management


Suzanne Iudicello
Junkyard Dogfish Consulting
transcript of Suzanne's remarks

Where The Rubber Meets The Road: Stakeholders And The Take Reduction Teams Of The MMPA


Brock Bernstein
National Fisheries Conservation Center
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