Oceana, Inc. v. Evans et al

District of Columbia, dcd-1:2004-cv-00810

ORDER granting {{75}} Motion to Clarify, denying {{76}} Motion to Alter Judgment. Signed by Judge Ellen S. Huvelle on 10/6/05.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________) OCEANA, INC.,)) Plaintiff,)) v.) Civil Action No. 04-810 (ESH)) DONALD L. EVANS, et al.,)) Defendants.) ____________________________________) ORDER For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendants' motion to clarify is GRANTED and the Court's August 2, 2005 Order [# 73] is clarified to the extent that it reinstates the habitat area closures established by Amendment 10 so it is not necessary for defendants to repromulgate those closures; and it is FURTHER ORDERED that defendant-intervenor's Motion to Alter or Amend Judgment is DENIED; and it is FURTHER ORDERED that the Court's August 2, 2005 Memorandum Opinion [#74 ] is AMENDED to DELETE the following language from page 87: The Court's conclusion does not affect the agency's ability to implement this change under its authority pursuant to § 1853(c), which allows the Secretary to make "modifications" to an FMP after its approval. The only difference is that these modifications are subject to the notice and comment provisions of § 1854(b), whereas framework "actions" are not. s/ ELLEN SEGAL HUVELLE United States District Judge Date: October 6, 2005