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NORTH CAROLINA FISHERIES ASS'N, INC. v. GUTIERREZ

No. 07-5389.

550 F.3d 16 (2008)

NORTH CAROLINA FISHERIES ASSOCIATION, INC., et al., Appellants v. Carlos GUTIERREZ, Honorable, in his official capacity as Secretary of Commerce, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 2008.

Attorney(s) appearing for the Case

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

Sambhav N. Sankar, Attorney, U.S. Department of Justice, argued the cause and filed the brief for appellee. R. Craig Lawrence and Aaron P. Avila, Assistant U.S. Attorneys, entered appearances.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge.

Appellants are the North Carolina Fisheries Association, Inc., two commercial fishermen, and a fish-packing plant (collectively, the "Association"). They filed a complaint (petition for review) in district court against the Department of Commerce, claiming that Amendment 13C to the Fishery Management Plan for South Atlantic Snapper Grouper violated the Magnuson-Stevens Fishery Conservation and Management Act (the "Act").

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