United States Ninth Circuit

In an action brought by a fish harvester and a fish processor, who are subject to a fishery management program that limits their share of the total allowable catch of Pacific whiting, challenging a 2013 decision by the National Marine Fisheries Service to calculate the amount of their initial share based on their participation in the fishery prior to 2003 and 2004, respectively, the District Court's grant of summary judgment to the Service and intervenors is affirmed where the Service's 2013 decision was not arbitrary or capricious because the Service considered the required factors and made a reasonable decision to use the 2003 and 2004 dates.

Appellate Information

• Published 2016/08/03

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel