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  5. 165 F.Supp.2d 114 (2001)
 

HALL v. EVANS

Nos. CIV. A. 99-549L, CIV. A. 99-550L, CIV. A. 00-338L, CIV. A. 00-436L.

165 F.Supp.2d 114 (2001)

Gary HALL, Block Island Lobster Co. Inc. and Canyon Industries, Inc., v. The Honorable Donald EVANS, as he is Secretary of Commerce. F/V Reaper, Inc. and Gregory N. Duckworth, v. Donald Evans, in his official capacity as Secretary of Commerce; and Penny Dalton, in her official capacity as Director of the National Marine Fisheries Service. Lund's Fisheries, Inc., Export, Inc., Frances Ann, Inc. and F/V Monica, Inc., v. The Honorable Donald Evans, as he is the Secretary of Commerce. William P. McCann and Captain W.P. McCann, Inc., v. The Honorable Donald Evans, as he is the Secretary of Commerce.

United States District Court, D. Rhode Island.

August 14, 2001.

Attorney(s) appearing for the Case

Timothy J. Dodd, Providence, RI, Stephen M. Ouellette, Cianciulli & Ouellette, Beverly, MA, Mark A. McSally, Kelly, Kelleher, Reilly & Simpson, Providence, RI, for plaintiffs.

Brian Clifford Newberry, Hinckley, Allen & Snyder, Providence, RI, Steven E. Snow, Partridge, Snow & Hahn, Providence, RI, for defendants.

MEMORANDUM AND ORDER

LAGUEUX, District Judge.

This Court agrees with most of the conclusions and opinions contained in Magistrate Judge Robert W. Lovegreen's Report and Recommendation dated April 13, 2001. The Court agrees with the Magistrate Judge's conclusion that the gear differential violates National Standards Two and Five. Under the regulations adopted, vessels that use trawl gear can land up to 1500 lbs. tail-weight per day at sea, while vessels...

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