PACIFIC DAWN LLC; Jessie's Ilwaco Fish Company, Plaintiffs-Appellants, and
Ocean Gold Seafoods, Inc.; Chellissa LLC, Plaintiffs,
v.
Penny PRITZKER, Secretary of the United States Department of Commerce; National Oceanic and Atmospheric Administration; National Marine Fisheries Service, Defendants-Appellees,
Midwater Trawlers Cooperative; Trident Seafoods Group; Dulcich, Inc., DBA Pacific Seafood Group; Arctic Storm Management Group, LLC; Environmental Defense Fund, Intervenor-Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 10, 2016 San Francisco, California.
Filed August 3, 2016.
Attorney(s) appearing for the Case
Tom Wyrwich (argued), Davis Wright Tremaine LLP, Seattle, Washington; James P. Walsh and Gwen L. Fanger , Davis Wright Tremaine LLP, San Francisco, California; for Plaintiffs-Appellants.
Maggie B. Smith (argued) and Bridget McNeil , Attorneys; Sam Hirsh , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Chris McNulty , Mariam McCall , and Ryan Couch , Office of the General Counsel, National Oceanic & Atmospheric Administration, Seattle, Washington; for Defendants-Appellees.
J. Timothy Hobbs (argued) and Michael F. Scanlon , K & L Gates LLP, Seattle, Washington, for Intervenors-Defendants-Appellees Midwater Trawlers Cooperative, Trident Seafoods Group, Dulcich, Inc., DBA Pacific Seafood Group and Arctic Storm Management Group, LLC.
Before: Sandra S. Ikuta, and Paul J. Watford, Circuit Judges, and Derrick Kahala Watson, District Judge.
OPINION
IKUTA, Circuit Judge:
Pacific Dawn LLC and Jessie's Ilwaco Fish Co., a fish harvester and a fish processor, are subject to a fishery management program that limits their share of the total allowable catch of Pacific whiting. They challenge a decision by the National Marine Fisheries...
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