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Anglers Conservation Network V. Pritzker, Lindsay Ward

Public Land & Resources Law Review

After the Mid-Atlantic Fishery Management Council declined to further investigate an amendment that would add two species of fish to a management plan, the appellants brought suit stating that federal agencies failed to properly manage river herring and shad in the Atlantic Ocean. Appellants asserted this inaction triggering judicial review under the Magnuson-Stevens Act and the Administrative Procedure Act. The court refused to find the National Marine Fisheries Services subject to judicial review, holding that the Council was not a government agency and that not amending the act did not constitute final agency action.