Daley

The State of Washington (“Washington”) and Midwater Trawlers Cooperative, West Coast Seafood Processors Association and Fisherman’s Marketing Association (collectively “Midwater”) appeal the district court’s dismissals of their petitions seeking to overturn regulations promulgated by the Secretary of Commerce (“the Secretary”) allocating groundfísh catches off the Washington coast to four Northwest Indian tribes (“the Tribes”). Midwa-ter and Washington also appeal the denial of the motion for reconsideration and motion for consolidation with Subproceeding 96-2 in United States v. Washington, Civil No. 9213. In addition, Midwater appeals the district court’s grant of summary judgment in favor of the Secretary on Midwa-ter’s claim that the challenged regulations violated the Magnuson Act by failing to comply with the Endangered Species Act and the Regulatory Flexibility Act. We have jurisdiction. 28 U.S.C. § 1291 . We affirm in part, reverse in part and remand for further proceedings.

I

Although these cases were not formally consolidated in the district court, we combine them in this opinion because the cases challenge the same regulation and share common issues. Both cases…