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AMPRO FISHERIES, INC. v. YASKIN

247 N.J. Super. 111 (1991)

588 A.2d 879

AMPRO FISHERIES, INC., APPELLANT, v. JUDITH YASKIN, COMMISSIONER OF ENVIRONMENTAL PROTECTION; GEORGE HOWARD, DIRECTOR, DIVISION OF FISH, GAME & WILDLIFE; AND BRUCE FREEMAN, ADMINISTRATOR, MARINE FISHERIES ADMINISTRATION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1991.

Attorney(s) appearing for the Case

Edward V. Cattell, Jr. argued the cause for appellant (Clark, Ladner, Fortenbaugh & Young, attorneys; Edward V. Cattell and Douglas K. Walker on the brief; Edward V. Cattell on the reply brief).

Rachel Horowitz, Deputy Attorney General, argued the cause for respondents (Robert J. Del Tufo, Attorney General, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Rachel Horowitz on the brief).

Before Judges PRESSLER, DEIGHAN and BAIME.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

This appeal challenges the July 1989 action of the Division of Fish, Game and Wildlife, Department of Environmental Protection, in amending N.J.A.C. 7:25-22.1 and -22.2 and adopting 7:25-22.3 and -22.4, the regulations governing Atlantic menhaden fishing in New Jersey's territorial waters. More particularly, Ampro Fisheries, Inc., a foreign corporation whose principal place of business is in Virginia...

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