Turtle Island Restoration Network v. United States Department Of Commerce

438 F.3d 937 TURTLE ISLAND RESTORATION NETWORK; Ka `Iwa Kua Lele; Center for Biological Diversity, Plaintiffs-Appellants, Hawaii Longline Association, Intervenor-Appellee, v. UNITED STATES DEPARTMENT OF COMMERCE; National Marine Fisheries Service; Carlos M. Gutierrez, in his official capacity as Secretary of the Department of Commerce, Defendants-Appellees. No. 05-15035. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 17, 2005. Filed February 21, 2006. Paul H. Achitoff and Isaac H. Moriwake, Earthjustice, Honolulu, HI, for the plaintiffs-appellants. M. Alice Thurston, United States Department of Justice, Washington, D.C., for the defendants-appellees. Jeffrey W. Leppo and Laurie K. Beale, Stoel Rives, LLP, Seattle, WA, for the defendant-intervenor-appellee. Appeal from the United States District Court for the District of Hawaii, David A. Ezra, District Judge, Presiding. D.C. No. CV-04-00528-DAE. Before: HAWKINS, McKEOWN, and CLIFTON, Circuit Judges. McKEOWN, Circuit Judge. 1 The question we consider is whether this action is barred by the thirty-day time limitation in 16 U.S.C. § 1855 (f), the judicial review provision of the Magnuson-Stevens…