Wards Cove Packing Corporation v. National Marine Fisheries Service

307 F.3d 1214 WARDS COVE PACKING CORPORATION, Plaintiff-Appellant, v. NATIONAL MARINE FISHERIES SERVICE; James W. Balsiger, in his capacity as Regional Administrator, Alaska Region, National Marine Fisheries Service; Donald L. Evans, in his capacity as Secretary of Commerce; and U.S. Department of Commerce, Defendants-Appellees. No. 01-35309. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 8, 2002. Filed October 15, 2002. Jess G. Webster and Mitchell A. Broz, Mikkelborg, Broz, Wells & Fryer, PLLC, Seattle, WA, for the plaintiff-appellant. Mark Brown, Katherine Hazard and Ellen J. Durkee, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington; Robert S. Lasnik, District Judge, Presiding. D.C. No. CV-00-1570L. Before HAWKINS and GOULD, Circuit Judges, and WARE, * District Judge. OPINION WARE, District Judge. 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…