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TURTLE ISLAND REST. NET. v. U.S., COMMERCE

No. 05-15035.

438 F.3d 937 (2006)

TURTLE ISLAND RESTORATION NETWORK; Ka `Iwa Kua Lele; Center for Biological Diversity, Plaintiffs-Appellants, Hawaii Longline Association, Intervenor-Appellee, v. UNITED STATES DEPARTMENT OF COMMERCE; National Marine Fisheries Service; Carlos M. Gutierrez, in his official capacity as Secretary of the Department of Commerce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 21, 2006.

Attorney(s) appearing for the Case

Paul H. Achitoff and Isaac H. Moriwake, Earthjustice, Honolulu, HI, for the plaintiffs-appellants.

M. Alice Thurston, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Jeffrey W. Leppo and Laurie K. Beale, Stoel Rives, LLP, Seattle, WA, for the defendant-intervenor-appellee.

Before: HAWKINS, McKEOWN, and CLIFTON, Circuit Judges.

McKEOWN, Circuit Judge.

The question we consider is whether this action is barred by the thirty-day time limitation in 16 U.S.C. § 1855(f), the judicial review provision of the Magnuson-Stevens Fishery Conservation and Management Act of 1976 ("Magnuson Act"), 16 U.S.C. §§ 1801 et seq. Section 1855(f) provides for judicial review of "[r]egulations promulgated" under the Magnuson Act, but only if "a petition for such review is filed within 30 days...

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