Fishermen's Finest Inc v. Carlos Gutierrez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FISHERMEN’S FINEST INC; US 

FISHING LLC; NORTH PACIFIC

FISHING INC,

No. 08-36024 Plaintiffs-Appellants, v.  D.C. No. 2:07-cv-01574-MJP GARY LOCKE,* as he is the

OPINION

Secretary of the United States Department of Commerce, Defendant-Appellee.  Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding

Argued and Submitted November 6, 2009—Seattle, Washington

Filed January 19, 2010

Before: Arthur L. Alarcón, Andrew J. Kleinfeld and Richard R. Clifton, Circuit Judges.

Opinion by Judge Alarcón; Dissent by Judge Clifton

*Gary Locke is substituted for his predecessor as Secretary of the United States Department of Commerce. Fed. R. App. P. 43(c)(2). COUNSEL

Linda R. Larson, Marten Law Group PLLC, Spokane, Wash- ington, for the plaintiffs-appellants.

Charles R. Scott, United States Department of Justice, Envi- ronment & Natural Resources Division, Washington, D.C., for the the defendant-appellee.

OPINION

ALARCÓN, Senior Circuit Judge:

Fishermen’s Finest, Inc.,…