Nos. 8:01-CV-1399-T-24EAJ, 8:02-CV-163-T-24EAJ.

260 F.Supp.2d 1162 (2003)

THE OCEAN CONSERVANCY, et al. Plaintiffs, v. Donald L. EVANS, et al. Defendants. The Ocean Conservancy, et al. Plaintiffs, v. Donald L. Evans, et al. Defendants.

United States District Court, M.D. Florida, Tampa Division.

March 31, 2003.

Attorney(s) appearing for the Case

Coby Dolan, Ansley Samson, Aliki A. Moncrief, Earthjustice Legal Defense Fund, Inc., Tallahassee, FL, Jane P. Davenport, Ocean Conservancy, Washington, DC, Marlyn Twitchell, National Audobon Society, Rosemont, PA, for Ocean Conservancy, National Audobon Society.

Charles Paul Schropp, Schropp, Buell & Elligett, P.A, Tampa, FL, David E. Frulla, Corey A. Rubin, Brand Lweill & Ryan, P.C, Washington, DC, for Southern Offshore Fishing Ass'n., Robert Spaeth, Fisherman's Ice & Bait, Inc., Willie R. Etherdige Seafood Co., Inc., Russell Hudson, Dewey Hemiliright, Agger Fish Corp.

Michael Rubinstein, U.S. Attorney's Office, Tampa, FL, Mark A. Brown, Wildlife & Marine Resources Section, Environment & Natural Resources Div, U.S. Dept. of Justice, Washington, DC, for Donald L. Evans, in his official capacity as Secretary of the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service.


BUCKLEW, District Judge.

This cause comes before the Court for consideration of the Ocean Conservancy and the National Audubon Society's ("Plaintiffs") Motion for Summary Judgment (Doc. No. 36), Donald L. Evans, in his official capacity as Secretary of the U.S. Department of Commerce, the National Oceanic & Atmospheric Administration, and the National Marine Fisheries Service's (collectively referred to as "NMFS" or "Federal Defendants"...


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