Description: Challenge to allocation of annual quota for summer flounder.
New York v. Ross
Filing Date Type File Action Taken Summary 01/13/2021 Complaint Download Complaint filed. New York Challenged Summer Flounder Allocation Allegedly Based on “Obsolete” Data. The State of New York and the New York State Department of Environmental Conservation (New York) filed a lawsuit in the federal district court for the Southern District of New York alleging that the federal defendants’ rules allocating the annual quota for summer flounder and applying the allocation to the 2021 season were arbitrary, capricious, and not in accordance with law. New York contended that the allocation rules were “based on obsolete 1980s data reflecting a summer flounder fishery that no longer exists” because the “center of biomass of the summer flounder stock as shifted northeast,” which researchers believe is due in part to ocean warming. New York asserts that the allocation rules discriminate against New York residents and allocates fishing privileges in an unfair and inequitable manner and is, for that reason and other reasons, inconsistent with the Magnuson-Stevens Act.