Hogarth

MEMORANDUM **

In 2000, Congress appropriated $3,000,000 “to enable the Secretary of Commerce to provide economic assistance to fishermen and fishing communities affected by Federal closures and fishing restrictions in the Hawaii long line fishery, to remain available until expended.” Consolidated Appropriations Act, Pub.L. No. 106-554, App. D, § 208, 114 Stat. 2763A-176 (2000). Appellees, Assistant Administrator for Fisheries William T. Hogarth, Secretary of Commerce Carlos M. Gutierrez and the National Marine Fisheries Service (NMFS), created the Direct Economic Assistance Program (DEAP) to identify qualified fishermen and distribute the appropriated funds. Directed Economic Assistance Program, 66 Fed.Reg. 58440 (Nov. 21, 2001). Appellant, Trans World Marine, Inc. (TWM), was denied compensation under the regulation because it submitted state, rather than federal, logbooks to prove eligibility.

We review de novo the district court’s grant of summary judgment. Natural Res. Def. Council, Inc. v. Nat’l Marine Fisheries Serv., 421 F.3d 872 , 877 (9th Cir.2005). The Administrative Procedure Act governs our review of agency action. High Sierra Hikers Ass’n v. Blackwell, 390 F.3d 630,…