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MASSACHUSETTS EX REL. MARINE FISHERIES v. DALEY

No. 98-1917.

170 F.3d 23 (1999)

Commonwealth of MASSACHUSETTS by its DIVISION OF MARINE FISHERIES, Plaintiff, Appellee, v. William M. DALEY, in his Official Capacity as Secretary of Commerce of the United States; James Baker, in his Official Capacity as Under Secretary and Administrator for the National Oceanic and Atmospheric Administration; The National Oceanic and Atmospheric Administration; Roland A. Schmitten, in his Official Capacity as Director of the National Marine Fisheries Service; and the United States of America, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 24, 1999.

Attorney(s) appearing for the Case

Robert L. Klarquist, Attorney, Department of Justice, Environment & Natural Resources Division, with whom Lois J. Schiffer, U.S. Atty. General, Donald K. Stern, U.S. Attorney, John A. Capin, Asst. U.S. Atty., Andrew C. Mergen, Attorney, Dept. of Justice, Environment & Natural Resources Div., and Joel G. MacDonald were on brief for appellants.

Daniel J. Hammond, Asst. Atty. Gen., Commonwealth of Massachusetts, with whom Scott Harshbarger, Atty. Gen., Commonwealth of Massachusetts, was on brief for appellees.

Before BOUDIN, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

BOUDIN, Circuit Judge.

The Commonwealth of Massachusetts ("the Commonwealth") brought this action in the district court to review a decision of the Secretary of Commerce ("the Secretary") adopting a revised quota for catching scup off the East Coast of the United States. The district court held the quota unlawful insofar as it allocated the summer catch of scup on a state-by-state basis. The Secretary now appeals.

Scup, also known as porgy, are small migrating...

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