ASSOCIATED FISHERIES OF MAINE, INC. v. DALEY

No. 97-1327.

127 F.3d 104 (1997)

ASSOCIATED FISHERIES OF MAINE, INC., Plaintiff, Appellant, v. William M. DALEY, Secretary of the United States Department Of Commerce, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 16, 1997.


Attorney(s) appearing for the Case

Gene R. Libby, with whom Michael W. MacLeod-Ball, Kennebunk, ME, Robert C. Brooks, and Verrill & Dana, Portland, ME, were on brief, for appellant.

David E. Frulla, Stanley M. Brand, and Brand, Lowell & Ryan, Washington, DC, on brief for Seafarers International Union of North America, amicus curiae.

Andrew C. Mergen, Attorney, Environment & Natural Resources Division, United States Department of Justice, with whom Lois J. Schiffer, Assistant Attorney General, David C. Shilton and Lyn Jacobs, Attorneys, and Gene Martin, Office of Regional Counsel, National Oceanic and Atmospheric Administration, Washington, DC, were on brief, for appellee.

Before SELYA, Circuit Judge, HILL, Senior Circuit Judge, and BOUDIN, Circuit Judge.


SELYA, Circuit Judge.

Associated Fisheries of Maine (AFM) and its amicus, the Seafarers International Union, warn that the final version of a fishery management plan promulgated by the Secretary of Commerce (the Secretary) could have significant adverse effects on the fishing industry in the Northeast and that fishermen caught in the regulatory net will not be able to survive financially. They unsuccessfully asked the district court to invalidate the Secretary's final...

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