Parravano

Pietro Parravano, other commercial fishermen, and commercial fishing associations (collectively “Parravano”) appeal the district court’s order granting partial summary judgment in favor of defendants Interior Secretary Babbitt and Commerce Secretary Brown and dismissing the remainder of Par-ravano’s claims.

In United States District Court, Parravano alleged that Secretary Brown violated the Magnuson Fishery Conservation and Management Act (“Magnuson Act”), 16 U.S.C. § 1801 et seq., when he issued an emergency regulation that reduced the ocean harvest rate of Klamath River chinook for the fall 1993 season. The district court determined that executive orders issued in 1876 and 1891 and the 1988 Hoopa-Yurok Settlement Act, 25 U.S.C. § 1300i et seq., vested the Hoopa Valley and Yurok Tribes (the “Tribes”) with federally reserved fishing rights. The district court found that these fishing rights constituted “any other applicable law,” 16 U.S.C. § 1854 (a)(1)(B), which the Secretary of Commerce could take into consideration when reviewing fishery management policies under the Magnuson Act. For this reason, the district court concluded that Secretary Brown did not violate the Magnuson…