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AMERICAN TUNABOAT ASS'N v. BALDRIGE

No. 82-5588.

738 F.2d 1013 (1984)

AMERICAN TUNABOAT ASSOCIATION, a nonprofit cooperative association, et al., Plaintiffs-Appellees, v. Malcolm BALDRIGE, Secretary of Commerce, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn June 8, 1983.

Resubmitted April 24, 1984.

Decided July 24, 1984.

Attorney(s) appearing for the Case

David G. Burney, San Diego, Cal., for plaintiffs-appellees.

Donald A. Carr, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Before ANDERSON and FARRIS, Circuit Judges, and SOLOMON, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

I. OVERVIEW

This appeal concerns regulations promulgated by the National Oceanic & Atmospheric Administration (NOAA) regarding the incidental taking of porpoise by purse seine tuna fishermen. The regulations derived from a formal rule-making proceeding conducted under § 4 of the Administrative Procedure Act (APA). 5 U.S.C. § 553. The American Tunaboat Association (ATA) filed this action in district court to...

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