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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. EVANS

No. 01-17143.

316 F.3d 904 (2003)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; The Center for Marine Conservation, Inc., Plaintiffs-Appellees, v. Donald EVANS, Secretary of Commerce; The National Marine. Fisheries Service; National Oceanic and Atmospheric Administration, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 13, 2003.

Attorney(s) appearing for the Case

Todd S. Kim, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellants.

Andrew P. Caputo, Natural Resources Defense Council, Inc., San Francisco, California, for the plaintiffs-appellees.

Before RYMER, THOMAS and SILVERMAN, Circuit Judges.

RYMER, Circuit Judge.

This appeal requires us to decide whether the Secretary of Commerce, acting through the National Marine Fisheries Service (NMFS), must provide notice and the opportunity for public comment before issuing specifications and management measures for the Pacific Coast Groundfish Fishery.

The Natural Resources Defense Council, Inc. (NRDC) and The Center for Marine Conservation, Inc., challenged NMFS's specifications and management measures...

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