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US, Conservation Groups File for Stay in Suit on NOAA Decision Pending NMFS NZ Comparability Finding

Conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society filed a joint motion for stay of litigation with the government in a case challenging the National Oceanic and Atmospheric Administration's 2020 findings that New Zealand's standards for its West Coast North Island inshore trawl and set net fisheries were comparable with U.S. regulations (Sea Shepherd New Zealand, et al. v. United States, CIT # 20-00112).

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The parties moved for the stay until the National Marine Fisheries Service issues its decision on the New Zealand government's comparability finding applications for the West Coast fisheries. The parties said this decision "may obviate, in whole or in part, the need for continued litigation in this action."

The Court of International Trade recently permitted certain claims from the conservation groups to proceed despite the fact that the administrative decision they are challenging has expired (see 2306210046). The suit is ultimately seeking an import ban under the Marine Mammal Protection Act on fish and fish products caught using gillnets and trawl nets within the Maui dolphin's range. In November 2022, the court granted Sea Shepherd's request for a temporary ban on certain fish taken from New Zealand's West Coast North Island multispecies set-net and trawl fisheries (see 2211280053).