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COM. OF MASS. BY DIV. OF MARINE FISHERIES v. DALEY

No. 97-11400-JLT.

10 F.Supp.2d 74 (1998)

COMMONWEALTH OF MASSACHUSETTS, by its DIVISION OF MARINE FISHERIES, Plaintiff, v. William M. DALEY, in his official capacity as Secretary of Commerce of the United States, United States Department of Commerce, James Baker, in his official capacity as Under Secretary and Administrator for the National Oceanic and Atmospheric Administration, National Oceanic and Atmospheric Administration, Rolland A. Smitten, in his official capacity as Director of the National Marine Fisheries Service, National Marine Fisheries Service, and the United States of America, Defendants.

United States District Court, D. Massachusetts.

June 24, 1998.

Attorney(s) appearing for the Case

Douglas S. Brown, Attorney General's Office, Administrative Law Division, Boston, MA, for Plaintiff.

Warigia Bowman, U.S. Department of Justice, Wildlife and Marine Resources, Washington, DC, for Defendants.

David Farrell, Jr., John H. Sweeney, Connors & Farrell, South Chatham, MA, for Movants.

MEMORANDUM

TAURO, Chief Judge.

Plaintiff, the Commonwealth of Massachusetts, by its Division of Marine Fisheries, petitions for judicial review of a final rule promulgated by the Secretary of Commerce, Defendant William M. Daley. The rule amends a portion of the Fishery Management Plan for the Summer Flounder, Scup, and Black Sea Bass Fisheries, 50 C.F.R. § 648.120. Among other things, the amendment revises the method for allocating, among the...

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