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KOKECHIK FISHERMEN'S ASS'N v. SECRETARY OF COMMERCE

Nos. 87-5239 to 87-5243, 87-5248, 87-5249.

839 F.2d 795 (1988)

KOKECHIK FISHERMEN'S ASSOCIATION, et al. v. SECRETARY OF COMMERCE, et al. Appeal of FEDERATION of JAPAN SALMON FISHERIES COOPERATIVE ASSOCIATION.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 1988.

Attorney(s) appearing for the Case

Anne S. Almy, Dept. of Justice, with whom Roger J. Marzulla, Acting Asst. Atty. Gen. and Edward J. Shawaker, Dept. of Justice, Washington, D.C., were on the brief for appellants, the Federal Government, in Nos. 87-5239, 87-5248 and 87-5249. Elizabeth Ann Peterson, Dept. of Justice, Washington, D.C., also entered an appearance for appellants, Federal Government.

John A. Hodges, Washington, D.C., for appellant, Federation of Japan Salmon Fisheries Co-op. Ass'n, in Nos. 87-5239, 87-5240, 87-5241, 87-5242 and 87-5243.

Donald C. Mitchell, Anchorage, Alaska, for appellees, Kokechik Fishermen's Association, et al., in Nos. 87-5239, 87-5248 and 87-5249.

Laurie J. Adams, for appellees, Center for Environmental Educ., et al., in Nos. 87-5239, 87-5240, 87-5241, 87-5242 and 87-5243. Howard Fox, Washington, D.C., also entered an appearance for appellees, Center for Environmental Educ., et al.

Before GINSBURG and STARR, Circuit Judges, and GESELL, District Judge.

Opinion for the Court filed by District Judge GESELL.

Dissenting opinion filed by Circuit Judge STARR.

GESELL, District Judge:

This case requires us to examine an aspect of this nation's announced policy to protect, in waters under its jurisdiction, marine mammal populations that are in danger of depletion or extinction.

Following formal rulemaking proceedings, the Secretary of Commerce issued a regulation1 pursuant...

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