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NATIONAL FISHERIES INSTITUTE, INC. v. MOSBACHER

Civ. A. No. 88-3103 (CRR).

732 F.Supp. 210 (1990)

NATIONAL FISHERIES INSTITUTE, INC, et al., Plaintiffs, v. Robert A. MOSBACHER, Secretary of Commerce, Defendant, and Coastal Conservation Association, Defendant-Intervenor.

United States District Court, District of Columbia.

March 12, 1990.

Attorney(s) appearing for the Case

Eldon V.C. Greenberg of Galloway & Greenberg, Washington, D.C., for plaintiffs.

Donald A. Carr, Acting Asst. Atty. Gen., and Charles R. Shockey, Dept. of Justice, with whom James C. Kilbourne, Washington, D.C., and Susan K. Auer and Karen R. Antrim, Dept. of Commerce, were on the briefs, for defendant.

Jeffrey R. Masi and Robert G. Hayes of Bogle & Gates, Washington, D.C., for defendant-intervenor.

OPINION

CHARLES R. RICHEY, District Judge.

This is an Administrative Procedure Act ("APA"), 5 U.S.C. § 706, dispute over how the government should regulate the commercial and recreational harvest of certain billfish in the Atlantic Ocean. Representing commercial fishing interests, the plaintiffs challenge regulations issued by the Secretary of Commerce ("Secretary") pursuant to the Magnuson Fishery Conservation and Management Act ("Magnuson Act" or...

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