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C & W FISH CO., INC. v. FOX

No. 90-5309.

931 F.2d 1556 (1991)

C & W FISH COMPANY, INC., et al., Appellants, v. William W. FOX, Jr., Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 7, 1991.

Attorney(s) appearing for the Case

Eldon V.C. Greenberg, with whom Dina R. Lassow, Washington, D.C., was on the brief, for appellants.

Elizabeth Ann Peterson, Atty., Dept. of Justice, with whom John A. Bryson, Washington, D.C., Atty., Dept. of Justice, was on the brief, for federal appellees.

Robert G. Hayes, Washington, D.C., for appellee Costal Conservation Ass'n.

Jonathan A. Glogau, Hollywood, Fla., for appellee Florida Marine Fisheries Com'n.

Before MIKVA, Chief Judge, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

HENDERSON, Circuit Judge:

On April 13, 1990, the Department of Commerce (Department), National Oceanic and Atmospheric Administration (NOAA), issued a final rule which, in part, bans the use of drift gillnets in the Atlantic King Mackerel Fishery. See 55 Fed.Reg. 14,833 (April 19, 1990). Various individuals involved in the fishing industry challenged the final rule on several grounds, including...

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