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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. DALEY

No. 99-5308.

209 F.3d 747 (2000)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Appellants, v. William M. DALEY, In his official capacity as Secretary of the United States Department of Commerce, et al., Appellees, Pacific Marine Conservation Council and Alaska Marine Conservation Council, Amicus Curiae.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 2000.

Attorney(s) appearing for the Case

Monica B. Goldberg argued the cause for appellants. With her on the briefs were Stephen E. Roady, Eric A. Bilsky, and Sarah Chasis.

Deborah A. Sivas was on the brief for amicus curiae Pacific Marine Conservation Council and Alaska Marine Conservation Council.

James Eichner, Attorney, United States Department of Justice, argued the cause for appellees. With him on the brief were Lois J. Schiffer, Assistant Attorney General, and David C. Shilton, Attorney.

Before: EDWARDS, Chief Judge, HENDERSON, Circuit Judge, and BUCKLEY, Senior Circuit Judge.

Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Chief Judge:

Paralichthys dentatus, or summer flounder, a commercially valuable species of flounder, dwell off the Atlantic coast and are harvested primarily between May and October from North Carolina to Maine. The summer flounder fishery is an "overfished" fishery, in the process of recovering from severe depletion prevalent during the late 1980s and early 1990s. The Secretary...

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