JONES v. GORDON

Nos. 85-3739, 85-3767.

792 F.2d 821 (1986)

Tim JONES; Nancy & James Lethcoe; Wendy Simpson; Alaska Wilderness Sailing Safaris; Stan Stephens Charters; the Whale Center; Simpson's Marine Charters; the Sierra Club; Greenpeace, U.S.A.; Greenpeace, Canada; and South East Alaska Conservation Council, Inc., Plaintiffs-Appellees, and State of Alaska, Intervenor-Plaintiff-Appellee. v. William G. GORDON, Assistant Administrator for Fisheries, National Marine Fisheries Service; John V. Byrne, Administrator for the National Oceanic and Atmospheric Administration; Malcolm Baldrige, Secretary for the United States Department of Commerce; and the United States Department of Commerce, Defendants-Appellants. Tim JONES; Nancy & James Lethcoe; Wendy Simpson; Alaska Wilderness Sailing Safaris; Stan Stephens Charters; the Whale Center; Simpson's Marine Charters; the Sierra Club; Greenpeace, U.S.A.; Greenpeace, Canada; and South East Alaska Conservation Council, Inc., Plaintiffs-Appellees, and State of Alaska Intervenor-Plaintiff-Appellee. v. William G. GORDON, Assistant Administrator for Fisheries, National Marine Fisheries Service; John V. Byrne, Administrator for the National Oceanic and Atmospheric Administration; Malcolm Baldrige, Secretary for the United States Department of Commerce; and the United States Department of Commerce, Defendants, and Sea World, Inc., Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 18, 1986.


Attorney(s) appearing for the Case

Lauri J. Adams, Juneau, Alaska, for plaintiffs-appellees.

Eileen Sobeck, Wildlife & Marine Resources Section, Washington, D.C., for defendants-appellants.

Laura Davis, Office of the Atty. Gen., Juneau, Alaska, for intervenor, State of Alaska.

Michael T. Thomas, Anchorage, Alaska, for intervenor Sea World.

Before WALLACE and SKOPIL, Circuit Judges, and HENDERSON, District Judge.


WALLACE, Circuit Judge:

The National Marine Fisheries Service (the Service)1 and Sea World, Inc. (Sea World) appeal from a district court order granting summary judgment in favor of Jones, other tour boat operators, environmental organizations, and the State of Alaska (hereafter referred to collectively as Jones). The district court declared that a Service permit authorizing Sea World to capture...

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