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FISHING CO. OF ALASKA, INC. v. GUTIERREZ

No. 07-5153.

510 F.3d 328 (2007)

FISHING COMPANY OF ALASKA, INC., Appellant v. Carlos GUTIERREZ, in his Official Capacity as the Secretary of Commerce, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 18, 2007.

Attorney(s) appearing for the Case

Shaun M. Gehan argued the cause for appellant. With him on the briefs was David E. Frulla.

Stacey W. Person, Attorney, U.S. Department of Justice, argued the cause for federal appellee. With her on the brief was John L. Smeltzer, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Eric P. Jorgensen and Janis Searles were on the brief for intervenor-appellees Oceana and Alaska Marine Conservation Council.

Before: HENDERSON and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

In April 2006, the Secretary of Commerce (the "Secretary"), via his delegee the National Marine Fisheries Service (the "Service"), see C & W Fish Co. v. Fox, 931 F.2d 1556, 1558 & n. 1 (D.C.Cir.1991), issued a final rule establishing a minimum "groundfish retention standard" for the Bering Sea and Aleutian Islands fishing...

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