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ROCHE v. EVANS

No. CIV.A. 02-10018-GAO.

249 F.Supp.2d 47 (2003)

Brian M. ROCHE, Plaintiff v. Donald EVANS, Secretary of the United States Department of Commerce; and Scott B. Gudes, Acting Under Secretary for Oceans and Atmosphere/Administrator and Deputy Under-Secretary, Defendants

United States District Court, D. Massachusetts.

March 10, 2003.

Attorney(s) appearing for the Case

Stephen M. Ouellette, Cianciulli & Ouellette, Beverly, MA, for Brian M. Roche, Plaintiff.

Ruth Ann Lowery, Camilla E. Boyle, U.S. Department of Justice, Environment and Natural, Resources Division, Wildlife and Marine, Resources Section, Washington, DC, for Donald Evans, Secretary of the United States Department of Commerce, Scott B. Gudes, Acting Under Secretary for Oceans and Atmosphere/Administrator and Deputy Under Secretary, Defendants.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

The plaintiff, Brian M. Roche, an inshore fisherman and the owner and master of the F/V HIGH FLYER, a fixed-gear fishing vessel, was fined by the National Oceanic and Atmospheric Administration ("NOAA"), an agency within the United States Department of Commerce, for entering an area closed to fishing under pertinent regulations. By this action, authorized by 16 U.S.C. § 1858(b),1

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