As claim arises under 2005 amendment, state statute of limitations isn't borrowed; general four-year federal rule applies.
Agency cannot claim lack of time as a basis for holding that numerical take limits are impractical.
Vague and unenforceable take limits were arbitrary and capricious.
http://www.ca4.uscourts.gov/opinions/181082.P.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.