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WASHINGTON v. DALEY

Nos. 97-35680, 97-36008.

173 F.3d 1158 (1999)

State of WASHINGTON, Petitioner-Appellant, v. William M. DALEY, United States Secretary of Commerce, Respondent-Appellee. Midwater Trawlers Co-Operative; West Coast Seafood Processors; Fisherman's Marketing Assoc., Plaintiffs-Appellants, v. Department of Commerce, National Marine Fisheries Service, William M. Daley, United States Secretary of Commerce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 2, 1999.

Attorney(s) appearing for the Case

Fronda Woods and Robert Costello, Assistant Attorneys General, Olympia, Washington, for petitioner-appellant State of Washington v. Daley, No. 97-35680.

James Johnson, Olympia, Washington, for plaintiffs-appellants Midwater Trawlers Co-Operative v. DOC, No. 97-36008.

M. Alice Thurston, United States Department of Justice, Washington, D.C., for respondent-appellee in case State of Washington v. Daley, No. 97-35680 and defendants-appellees Midwater Trawlers Co-Operative v. DOC, No. 97-36008.

Before: GOODWIN, SCHROEDER and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

The State of Washington ("Washington") and Midwater Trawlers Cooperative, West Coast Seafood Processors Association and Fisherman's Marketing Association (collectively "Midwater") appeal the district court's dismissals of their petitions seeking to overturn regulations promulgated by the Secretary of Commerce ("the Secretary") allocating groundfish catches off the Washington coast to four Northwest Indian tribes ("the Tribes"). Midwater and...

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