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PACIFIC COAST FEDERATION OF FISHERMEN v. BLANK

No. 11-17108.

693 F.3d 1084 (2012)

PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS; Port Orford Ocean Resource Team; San Francisco Crab Boat Owners Association, Plaintiffs-Appellants, v. Rebecca M. BLANK, in her official capacity as Acting Secretary of the United States Department of Commerce; National Marine Fisheries Service; National Oceanic and Atmospheric Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2012.

Attorney(s) appearing for the Case

Mark A. White and Andrea Kendrick , Chapman Popik & White LLP, San Francisco, CA; Mary L. Hudson (argued), Law Office of Mary L. Hudson, Sausalito, CA; Alan Waltner , Law Offices of Alan Waltner, San Francisco, CA, for the plaintiffs-appellants.

Ignacia S. Moreno , Meredith Flax , Romney Philpott , Joseph Matthews , Brian C. Toth (argued), U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Mariam McCall , Office of General Counsel, National Oceanic & Atmospheric Administration, Seattle, WA, for the defendants-appellees.

Shirish Gupta , San Mateo, CA, for amicus curiae Food & Water Watch, Inc.

Michael F. Scanlon and J. Timothy Hobbs (argued), K & L Gates LLP, Seattle, WA, for amici curiae Environmental Defense Fund, United Catcher Boats, and Midwater Trawlers Cooperative.

Before: CONSUELO M. CALLAHAN and PAUL J. WATFORD, Circuit Judges, and EDWARD R. KORMAN, Senior District Judge.

OPINION

CALLAHAN, Circuit Judge:

In 2011, the National Marine Fisheries Service ("NMFS") and the Pacific Fishery Management Council ("Pacific Council" or "Council") adopted changes to the fishery management plan for the trawl sector of the Pacific Coast groundfish fishery. The changes, adopted as Amendments 20 and 21 to the Pacific Coast Groundfish Fishery Management Plan, are designed to increase economic efficiency through fleet consolidation, reduce environmental...

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