ALASKA WILDLIFE ALLIANCE v. JENSEN

Nos. 95-35151, 95-35188.

108 F.3d 1065 (1997)

ALASKA WILDLIFE ALLIANCE; American Wildlands, Plaintiffs-Appellants, v. Marvin JENSEN, Superintendent, Glacier Bay National Park and Preserve; Boyd Evison, Regional Director, National Park Service; James Ridenour, Administrator, National Park Service; Manuel Lujan, Secretary, U.S. Department of the Interior; National Park Service, Defendants-Appellees, and Holland American Line-Westours, Inc.; Allied Fishermen of Southeast Alaska, Defendants-Intervenors-Appellees. ALASKA WILDLIFE ALLIANCE; American Wildlands, Plaintiffs-Appellees, v. Marvin JENSEN, Superintendent, Glacier Bay National Park and Preserve; Boyd Evison, Regional Director, National Park Service; James Ridenour, Administrator, National Park Service; Manuel Lujan, Secretary, U.S. Department of the Interior; National Park Service, Defendants, Holland American Line-Westours, Inc., Defendant-Intervenor, and Allied Fishermen of Southeast Alaska, Defendant-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 6, 1997.


Attorney(s) appearing for the Case

Geoffrey Y. Parker, Anchorage, Alaska, Thomas E. Meacham, Anchorage, Alaska, for the plaintiffs-appellants-cross-appellees.

Robert L. Klarquist, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Bruce B. Weyhrauch, Faulkner, Banfield, Doogan & Holmes, Juneau, Alaska, for the defendant-intervenor-appellee-cross-appellant.

Before: WRIGHT, SCHROEDER and KLEINFELD, Circuit Judges.


OPINION

EUGENE A. WRIGHT, Circuit Judge.

We must decide the extent to which federal statutes restrict commercial fishing in Alaska's Glacier Bay National Park (the Park). We hold that plaintiffs Alaska Wildlife Alliance and American Wildlands have standing to challenge commercial fishing in the Park's waters. We further hold that commercial fishing is statutorily prohibited in the Park's designated wilderness areas, but not in its non-wilderness areas.<...

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