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ATLANTIC FISH SPOTTERS ASS'N v. DALEY

No. 97-11882-JLT.

8 F.Supp.2d 113 (1998)

ATLANTIC FISH SPOTTERS ASSOCIATION, Jonathan E. Mayhew, Raynold F. Brooks II, and Robert Sampson, Plaintiffs, v. William M. DALEY, Defendant.

United States District Court, D. Massachusetts.

June 10, 1998.

Attorney(s) appearing for the Case

H. Reed Witherby, Boston, MA, Garrick F. Cole, Smith & Duggan, Boston, MA, David E. Frulla, Brand, Lowell & Ryan, P.C., Washington, DC, for Plaintiffs.

John A. Capin, U.S. Attorney's Office, Asst. U.S. Atty., Boston, MA, Mark A. Brown, U.S. Dept. of Justice, Wildlife & Marine Resources, Washington, DC, for Defendant.

MEMORANDUM

TAURO, Chief Judge.

Plaintiffs in this case challenge a regulation promulgated by the Defendant Secretary of Commerce, William M. Daley, pursuant to the Atlantic Tunas Convention Act of 1975 (the "ATCA"). That regulation bans the use of small aircraft or "spotter planes" by certain fishing permit holders in the harvesting of Atlantic Bluefin Tuna ("ABT"). Prior to enactment of the regulation...

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