Ufo Chuting of Hawaii, Inc. v. Smith

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UFO CHUTING OF HAWAII, INC., a  Hawaii corporation; K.M.B.S., INC., a Hawaii corporation d/b/a Kaanapali Tours, Plaintiffs-Appellants, v. ALLAN A. SMITH, in his capacity as Chair of the Board of Land and Natural Resources, State of Hawaii, and Acting Director of the No. 05-16545 Department of Land and Natural Resources, State of Hawaii;  D.C. No.

CV-03-00651-SOM

STEPHEN THOMPSON; ED

UNDERWOOD, in his capacity as OPINION Administrator, Division of Boating and Ocean Recreation, Department of Land and Natural Resources, State of Hawaii,* Defendants-Appellees,

UNITED STATES DEPARTMENT OF

COMMERCE; NATIONAL MARINE

FISHERIES SERVICE,

Defendants-Intervenors-Appellees. 

*Pursuant to Fed. R. App. P. 43(c)(2), Allan A. Smith is substituted for Peter T. Young as Acting Chair of the Board of Land and Natural Resources and Director of the Department of Land and Natural Resources, State of Hawaii; Ed Underwood is substituted for Richard Rice as Admin- istrator, Division of Boating and Ocean Recreation, Department of Land and Natural…