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OCEANA, INC. v. ROSS

No. 17-5247.

920 F.3d 855 (2019)

OCEANA, INC., Appellant v. Wilbur ROSS, in His Official Capacity as Secretary of the United States Department of Commerce, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 12, 2019.

Attorney(s) appearing for the Case

Lide E. Paterno argued the cause for appellant. With him on the briefs were Pratik A. Shah , James E. Tysse , Stanley E. Woodward Jr. , and Alexandra Harrison .

Avi Kupfer , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Jeffrey H. Wood , Acting Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, and Andrew C. Mergen , Attorney.

Before: Tatel, Wilkins, and Katsas, Circuit Judges.

When fishermen catch fish but do not sell or keep them for personal use, they harvest what is referred to as "bycatch." Discarded fish might constitute fish of an "undesirable size, sex, or quality," or fish that "fishermen are required by regulation to discard whenever caught." 16 U.S.C. § 1802(2), (9), (38). Because...

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