Fishing Company Of Alaska, Inc. v. United States

333 F.3d 1045 FISHING COMPANY OF ALASKA, INC., a Washington corporation; William McGill; Richard Joseph, Plaintiffs-Appellants, v. UNITED STATES of America; Department of Commerce; Stuart E. Eizenstat, Ambassador, Acting Secretary of Commerce in his official capacity, Defendants-Appellees. No. 02-35312. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 2003. Filed June 24, 2003. John R. Neeleman and Gwendolyn C. Payton, Lane Powell Spears Lubersky LLP, Seattle, Washington, for the appellants. Lisa Jones and Michael R. Fisher, U.S. Department of Justice, Washington, D.C., for the appellees. Appeal from the United States District Court for the Western District of Washington; Thomas S. Zilly, District Judge, Presiding. D.C. No. CV-97-00126-TSZ. Before: HUG, B. FLETCHER, and McKEOWN, Circuit Judges. OPINION PER CURIAM. 1 The Fishing Company of Alaska, William McGill, and Richard Joseph appeal from the district court's order granting summary judgment for the United States. The appellants challenge the regulations establishing the Vessel Incentive Program ("VIP"), a fishery management plan created by the North Pacific Fishery Management Council ("The Council")…