FISHERMEN'S FINEST, INC. v. LOCKE

No. 08-36024.

593 F.3d 886 (2010)

FISHERMEN'S FINEST INC; U.S. Fishing LLC; North Pacific Fishing Inc, Plaintiffs-Appellants, v. Gary LOCKE, as he is the Secretary of the United States Department of Commerce, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 19, 2010.


Attorney(s) appearing for the Case

Linda R. Larson and Jessica K. Ferrell, Marten Law Group PLLC, Seattle, WA, for the plaintiffs-appellants.

Charles R. Scott, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendant-appellee.

Opinion by Judge ALARCÓN; Dissent by Judge CLIFTON.


ALARCÓN, Senior Circuit Judge:

Fishermen's Finest, Inc., North Pacific Fishing, Inc., and U.S. Fishing, LLC, ("Fishermen's") appeal from the district court's order granting summary judgment in favor of the Secretary of the United States Department of Commerce. Fishermen's challenges the Secretary's issuance of a final rule adopting Amendment 85 ("A85") to the Fishery Management Plan ("FMP") for Groundfish of the Bering Sea

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