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UNITED COOK INLET DRIFT v. NAT. MARINE FISHERIES

No. 14-35928.

837 F.3d 1055 (2016)

UNITED COOK INLET DRIFT ASSOCIATION; Cook Inlet Fishermen's Fund, Plaintiffs-Appellants, v. NATIONAL MARINE FISHERIES SERVICE; Penny Pritzker, in her official capacity as Acting United States Secretary of Commerce; Kathryn Sullivan, Acting Under Secretary of Commerce and Administrator for the National Oceanic and Atmospheric Administration; James W. Balsiger, in his official capacity as NMFS Alaska Region Administrator, Defendants-Appellees, State of Alaska, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2016.

Attorney(s) appearing for the Case

Jason T. Morgan (argued) and Beth S. Ginsberg , Stoel Rives LLP, Seattle, Washington, for Plaintiffs-Appellants.

Ellen J. Durkee (argued) and Coby Howell , Attorneys, Appellate Section; John C. Cruden , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Caroline Park , NOAA Office of the General Counsel, Silver Spring, Maryland; Lauren Smoker , NOAA Office of the General Counsel, Department of Commerce, Juneau, Alaska; for Defendants-Appellees.

Seth M. Beausang (argued), Assistant Attorney General, Anchorage, Alaska, for Intervenor-Defendant-Appellee.

Before: Raymond C. Fisher, Richard A. Paez, and Andrew D. Hurwitz, Circuit Judges.

OPINION

The Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-91 ("Magnuson-Stevens Act," or "the Act"), creates a "national program for the conservation and management of the fishery resources of the United States." Id. § 1801(a)(6). The Act establishes eight Regional...

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