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PACIFIC CHOICE SEAFOOD CO. v. ROSS

No. 18-15455.

976 F.3d 932 (2020)

PACIFIC CHOICE SEAFOOD COMPANY; Sea Princess, LLC; Pacific Fishing, LLC, Plaintiffs-Appellants, v. Wilbur ROSS, U.S. Secretary of Commerce; National Marine Fisheries Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2020.

Attorney(s) appearing for the Case

Ryan P. Steen (argued) and Jason T. Morgan , Stoel Rives LLP, Seattle, Washington, for Plaintiffs-Appellants.

David Gunter (argued) and Bridget Kennedy McNeil , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jeffrey Bossert Clark , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice; Maggie B. Smith , Office of the General Counsel, National Oceanic and Atmospheric Administration, Washington, D.C.; for Defendants-Appellees.

Before: Sidney R. Thomas, Chief Judge, and William A. Fletcher and Eric D. Miller, Circuit Judges.

OPINION

In 2010, the National Marine Fisheries Service implemented a quota system for the Pacific non-whiting groundfish fishery, one of several stocks of fish that the Service administers in the Pacific Ocean. Acting under the Magnuson-Stevens Fishery Conservation and Management Act of 1976, 16 U.S.C. §§...

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