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DIDRICKSON v. U.S. DEPT. OF INTERIOR

No. 91-36323.

982 F.2d 1332 (1992)

Boyd DIDRICKSON and Marina Katelnikoff Beck, Plaintiff-Intervenors, v. UNITED STATES DEPARTMENT of the INTERIOR, et al., Defendants. and Friends of the Sea Otter, et al., Defendant-Intervenors. ALASKA SEA OTTER COMMISSION and Ilarion Pletnikoff, Plaintiffs, v. UNITED STATES DEPARTMENT of the INTERIOR, et al., Defendants. and Friends of the Sea Otter, et al., Defendant-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1992.

Attorney(s) appearing for the Case

Stuart L. Somach and Sandra K. Dunn, DeCuir & Somach, Sacramento, CA for defendants-intervenors-appellants.

Katherine W. Hazard, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Carol H. Daniel and Joseph D. Johnson, Alaska Legal Services Corp., and Eric Smith, Anchorage, AK, for plaintiffs-appellees.

Beck and Didrickson; Eric Smith, Anchorage, AK, for plaintiffs-appellees Alaska Sea Otter Com'n and Pletnikoff.

Before: HUG, D.W. NELSON, and T.G. NELSON, Circuit Judges.

HUG, Circuit Judge:

This case concerns the validity of a portion of the regulation issued by the United States Fish and Wildlife Service ("FWS") interpreting the Marine Mammal Protection Act of 1972 ("MMPA"), Pub.L.No. 92-522, 86 Stat. 1027, codified at 16 U.S.C. §§ 1361-1407 (1988), as it applies to Alaska Natives who make authentic articles of handicrafts and clothing from sea otters. The MMPA imposes a complete moratorium on takings and importations...

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