Gutierrez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SEA HAWK SEAFOODS, INC., an  Alaska corporation; NON-AFA

PROCESSORS ASSOCIATION,

Plaintiffs-Appellants, v. No. 07-35754 GARY F. LOCKE, in his official capacity as United States Secretary  D.C. No.

CV-06-01616-JCC

of Commerce; UNITED STATES

DEPARTMENT OF COMMERCE; OPINION

NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION;

NATIONAL MARINE FISHERIES

SERVICE,

Defendants-Appellees.  Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding

Argued and Submitted December 9, 2008—Seattle, Washington

Filed June 17, 2009

Before: Ronald M. Gould, Richard C. Tallman and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Callahan

7221 7224 SEA HAWK SEAFOODS v. LOCKE

COUNSEL

Leonard J. Feldman, Michael T. Shein, Kevin P. Sullivan, Seattle, Washington, on behalf of appellants Sea Hawk Sea- foods, Inc. and the Non-AFA Processors Association.

Anna T. Katselas, United States Department of Justice, Wash- ington, D.C., on behalf of appellees Gary F. Locke, United States Secretary of…