Procedural Guarantees

California Sea Urchin Commission v. Jacobson

Federal agency upends Congressional compromise to favor predatory otters

A federal statute requires the U.S. Fish and Wildlife Service to exempt lawful fishing activities from the broad prohibitions against the incidental taking of sea otters. This compromise between the Service’s desire to establish a new sea otter population and the fishing industry reflects Congress’s recognition that introducing sea otters into Southern California waters could severely impair the health and sustainability of local fisheries, threatening the livelihood of those who depend on them. The Service ignored this Congressional balancing of interests and PLF sued on behalf of sea urchin and abalone divers, lobster trappers, and other fishermen whose livelihoods are threatened by Service’s unilateral termination of protection for lawful fishing activities.

Read more