United States Ninth Circuit

In a petition for review of the Secretary of Commerce's order allocating Pacific cod in the Bering Sea and Aleutian Islands Management Area among different sectors of the fishing industry, the petition is denied where: 1) petitioner failed to demonstrate that the allocation, although disadvantageous to it, was not fair or equitable in furthering the beneficial objectives of the relevant Fishery Management Plan; and 2) the Fishery Management Councils also considered the best available sociological data.

Appellate Information

• Argued 11/06/2009
• Decided 01/19/2010
• Published 01/19/2010

Judges

• Before ARTHUR L. ALARCÓN, ANDREWJ. KLEINFELD and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Linda R. Larson, Marten Law Group PLLC, Spokane, WA, for the plaintiffs-appellants.


• For Appellees:
  
• Charles R. Scott, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendant-appellee.