Gutierrez

Alaska Trojan Partnership (“Alaska Trojan”) challenges the decision of Carlos M. Gutierrez, in his official capacity as Secretary of Commerce (“the Secretary”), the United States Department of Commerce, the National Oceanic and Atmospheric Administration, and the National Marine Fisheries Service (“NMFS”) (collectively “defendants”) denying Alaska Trojan’s application for an Aleutian Islands brown king crab endorsement under the license limitation program (“LLP”) for the Bering Sea and Aleutian Islands groundfish and crab fisheries. Defendants determined that Alaska Trojan made only two “documented harvests” of brown king crab in the Aleutian Islands brown king crab endorsement area during the endorsement qualification period, January 1, 1992, through December 31, 1994, and therefore denied Alaska Trojan an Aleutian Islands brown king crab endorsement. Alaska Trojan argues that it made three “documented harvests” and therefore is entitled to receive an Aleutian Islands brown king crab endorsement. Alaska Trojan argues that defendants’ interpretation of the term “documented harvest” is inconsistent with the plain meaning of that term as defined in the regulations implementing the…