Yakutat, Inc. v. Gutierrez

407 F.3d 1054 YAKUTAT, INC., Plaintiff-Appellant, v. Carlos M. GUTIERREZ, * in his official capacity as Secretary of Commerce; Department of Commerce; National Oceanic and Atmospheric Administration; National Marine Fisheries Service, Defendants-Appellees. No. 03-35400. United States Court of Appeals, Ninth Circuit. Argued and Submitted September 17, 2004. Filed May 18, 2005. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Michael A.D. Stanley, Attorney at Law, Juneau, AK, for the plaintiff-appellant. Sylvia Quast, U.S. Department of Justice, Washington, D.C., Brian C. Kipnis, U.S. Attorney's Office, Seattle, WA, and Bridget McNeil, U.S. Department of Justice, Washington, D.C., for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington; Barbara Jacobs Rothstein, District Judge, Presiding. D.C. No. CV-02-01052-BJR. Before: BROWNING, TASHIMA, and BYBEE, Circuit Judges. BYBEE, Circuit Judge. 1 The National Marine Fisheries Service ("NMFS") is charged with implementing a licensing program to prevent overfishing of Pacific cod in the Bering Sea and Aleutian Islands ("BSAI") groundfish fishery. The NMFS decided to limit the…