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WARDS COVE PACKING v. NATIONAL MARINE FISHERIES

No. 01-35309.

307 F.3d 1214 (2002)

WARDS COVE PACKING CORPORATION, Plaintiff-Appellant, v. NATIONAL MARINE FISHERIES SERVICE; James W. Balsiger, in his capacity as Regional Administrator, Alaska Region, National Marine Fisheries Service; Donald L. Evans, in his capacity as Secretary of Commerce; and U.S. Department of Commerce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2002.

Attorney(s) appearing for the Case

Jess G. Webster and Mitchell A. Broz, Mikkelborg, Broz, Wells & Fryer, PLLC, Seattle, WA, for the plaintiff-appellant.

Mark Brown, Katherine Hazard and Ellen J. Durkee, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for the defendants-appellees.

Before HAWKINS and GOULD, Circuit Judges, and WARE, District Judge.

OPINION

WARE, District Judge.

The issue in this case is whether, under federal regulations, a commercial fishing company is qualified to participate in both the sablefish and halibut fishing industries if it fished for only one species during the regulatory base period. Wards Cove Packing Corporation ("Wards Cove") appeals the district court's grant of summary judgment in favor of the National Marine Fisheries Service's ("NMFS") decision finding Wards Cove...

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