GREENPEACE v. NATIONAL MARINE FISHERIES SERVICE

No. C98-492Z.

80 F.Supp.2d 1137 (2000)

GREENPEACE, American Oceans Campaign, and Sierra Club, Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, and William M. Daley, in his official capacity as Secretary of the Department of Commerce, Defendants, At-Sea Processors Association, United Catcher Boats, Aleutians East Borough, and Westward Seafoods, Inc., et al., Intervenor-Defendants.

United States District Court, W.D. Washington, at Seattle.

January 25, 2000.


Attorney(s) appearing for the Case

Todd D True, Adam J Berger, Patti A Goldman, Earthjustice Legal Defense Fund, Seattle, WA, Eric Paul Jorgensen, Janis Searles, Earthjustice Legal Defense Fund, Juneau, AK, Douglas A Ruley, Earthjustice Legal Defense Fund, Juneau, AK, Peter Van Tuyn, Jack K Sterne, Trustees for Alaska, Anchorage, AK, for Greenpeace, American Oceans Campaign, Sierra Club.

Marc Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, Michael AD Stanley, Juneau, AK, for Aleutians East Borough.

Brian C Kipnis, U.S. Attorney's Office, Seattle, WA, Michael J Robinson, Anthony P Hoang, U.S. Dept of Justice, Gen. Litigation Sec. — Environment Div., Washington, DC, Lyn Jacobs, U.S. Department of Justice, Environmental & Natural Resources, Washington, DC, for National Marine Fisheries Service, William M Daley.

James Alexander Smith, Jr, Smith & Leary, Seattle, WA, George J Mannina, Jr, Gary C Adler, O'Connor & Hannan, Washington, DC, for Westward Seafoods Inc, Wards Cove Packing Company, North Pacific Processors Inc, Nelbro Packing Company, Unisea Inc, Peter Pan Seafoods Inc, Kodiak Salmon Packers, Inc., Alyeska Seafoods Inc, Western Alaska Fisheries Inc, Kanaway Seafoods Inc, Royal Viking Inc, Morning Star LP, Great Pacific Limited Partnership, Alaskan Command Company, Pacific Knight LLC, Unalaska City of.

Linda Rae Larson, Heller Ehrman White & McAuliffe, Seattle, WA, for United Catcher Boats.

Marc Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, Michael AD Stanley, Juneau, AK, for The Aleutians East Borough.

Christopher S McNulty, Mundt MacGregor, Seattle, WA, Eldon V.C. Greenberg, Garvey, Schubert & Barer, Washington, DC, for At-Sea Processors Association.

Claire M Gilchrist, Seattle, WA, Kenneth C Powers, Stock & Moeller, Anchorage, AK, for Sergei Vakhrin, amicus, Save the Salmon Fund, amicus, North Pacific, amicus, North Pacific Journal, amicus, Russian Far East Fisheries Film Studio, amicus, Olga Cherniagina, amicus, Kamchatka League of Independent Scientists, amicus, Pacific Environment and Resources Center, amicus.

Richard A Smith, Smith & Lowney, PLLC, Seattle, WA, for National Wildlife Federation, amicus, International Marine Mammal Project of Earth Island Institute, amicus, Humane Society of the United States, amicus, Defenders of Wildlife, amicus.

Jay H Zulauf, Christopher S McNulty, Mundt MacGregor, Seattle, WA, Eldon V.C. Greenberg, Garvey, Schubert & Barer, Washington, DC, for At-Sea Processors Association.


ORDER

ZILLY, District Judge.

I. Introduction

Greenpeace, American Oceans Campaign, and the Sierra Club ("plaintiffs") have filed suit challenging the National Marine Fisheries Service's (NMFS's) North Pacific Fishery Management Plans for the groundfish fisheries in the Bering Sea and Gulf of Alaska. Plaintiffs claim these fisheries are harmful to the endangered Steller sea lion and seek relief under the Endangered Species Act (ESA) and the...

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