Wards Cove Packing Corp. v. National Marine Fisheries Service

The issue in this case is whether, under federal regulations, a commercial fishing company is qualified to participate in both the sablefish and halibut fishing industries if it fished for only one species during the regulatory base period. Wards Cove Packing Corporation (“Wards Cove”) appeals the district court’s grant of summary judgment in favor of the National Marine Fisheries Service’s (“NMFS”) decision finding Wards Cove ineligible to harvest sablefish in the regulated area because, during the qualifying base period set forth in the regulations, it harvested only halibut. The district court found the qualification provisions of the regulations ambiguous and deferred to a NMFS interpretive ruling which held that only persons actually landing sablefish during the requisite period were qualified to participate in the sablefish industry.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse the district court’s finding that the regulation is ambiguous. We find no ambiguity in the plain language of the regulation, which allows qualification based on harvesting either species. We reverse and remand the case to the district court for further proceedings…