No. 03-35400.

407 F.3d 1054 (2005)

YAKUTAT, INC., Plaintiff-Appellant, v. Carlos M. GUTIERREZ, in his official capacity as Secretary of Commerce; Department of Commerce; National Oceanic and Atmospheric Administration; National Marine Fisheries Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 18, 2005.

Attorney(s) appearing for the Case

Michael A.D. Stanley, Attorney at Law, Juneau, AK, for the plaintiff-appellant.

Sylvia Quast, U.S. Department of Justice, Washington, D.C., Brian C. Kipnis, U.S. Attorney's Office, Seattle, WA, and Bridget McNeil, U.S. Department of Justice, Washington, D.C., for the defendants-appellees.

Before: BROWNING, TASHIMA, and BYBEE, Circuit Judges.

BYBEE, Circuit Judge.

The National Marine Fisheries Service ("NMFS") is charged with implementing a licensing program to prevent overfishing of Pacific cod in the Bering Sea and Aleutian Islands ("BSAI") groundfish fishery. The NMFS decided to limit the number of boats fishing in the BSAI fishery by granting licenses only to boats that caught a prescribed amount of fish during any two years between 1995-1998. The F/V Blue North caught the requisite amount of...

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