Fishing Co. of Alaska, Inc. v. United States

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”) as part of its responsibility under the Magnuson Ste *1046 vens Fishery Conservation and Management Act, 16 U.S.C. §§ 1801-1883 . See 16 U.S.C. § 1852 . The appellants also challenge the fine imposed by the National Oceanic and Atmospheric Administration for exceeding the standards for halibut bycatch set by the agency under the VIP.

The appellants also contend that the district court should have supplemented the administrative record with statements from a 2001 meeting of the Council discussing the effectiveness of the VIP. Because the appellants failed to make the “strong showing of bad faith or improper behavior” that may justify an inquiry “into the thought processes of administrative de-cisionmakers,” Public Power Council v. Johnson, 674 F.2d 791, 795 (9th Cir.1982), we conclude that the district court did not abuse its…