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ALLIANCE AGAINST IFQs v. BROWN

No. 95-35077.

84 F.3d 343 (1996)

ALLIANCE AGAINST IFQs; Lady Blackie, Inc.; Mako Haggerty; Mathew Donohoe; Nancy L. Lande; Adrian Lecornu; Howard Carlough; Jere Murray; Paul K. Seaton; William Sullivan; Don Hall, Plaintiffs-Appellants, v. Ronald H. BROWN, Secretary of Commerce; Clarence G. Pautzke, Executive Director North Pacific Fishery Management Council; Western Alaska Fisheries Development Association, Defendants-Appellees, and Peter M. Knutsen; Edwin Fuglvog; Robert J. Wurm; Andrew Scalzi; Nancy Phillips, et al., Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 22, 1996.

Attorney(s) appearing for the Case

Susan E. Reeves, Rubini & Reeves, Anchorage, Alaska, for plaintiffs-appellants.

Martin W. Matzen, United States Department of Justice, Washington, D.C., for defendants-appellees.

Donald Craig Mitchell, Anchorage, Alaska, for defendants-appellees Western Alaska Fisheries Development Association.

George J. Mannina, Jr., O'Connor & Hannan, Washington, D.C., for intervenor-defendant Knutsen.

Before: HALL, WIGGINS, and KLEINFELD, Circuit Judges.

OPINION

KLEINFELD, Circuit Judge:

The only issue in this case is whether regulations for implementing a fishery management plan in and near Alaska waters was arbitrary and capricious, or violative of the authorizing statute. We conclude that the regulations were a permissible exercise of authority by the Secretary of Commerce.

I. FACTS AND REGULATORY FRAMEWORK

Commercial ocean fishing combines difficult and risky labor with large capital...

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