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  5. 939 F.Supp. 963 (1996)
 

STRAHAN v. COXE

Civil Action No. 95-10927-DPW.

939 F.Supp. 963 (1996)

Richard Max STRAHAN, Plaintiff, v. Trudy COXE, Secretary, Massachusetts Executive Office of Environmental Affairs, John Phillips, Commissioner, Massachusetts Department of Fisheries, Wildlife, and Environmental Law Enforcement, Philip Coates, Director, Massachusetts Division of Marine Fisheries, Defendants. Conservation Law Foundation, Inc., Amicus Curiae.

United States District Court, D. Massachusetts.

September 24, 1996.

Attorney(s) appearing for the Case

Richard Max Strahan, Boston, MA, pro se.

Salvatore Giorlandino, Attorney General's Office, Trial Division, Boston, MA, for Trudy Coxe, John Phillips, Philip Coates.

Douglas Foy, Alan Wilson, Conservation Law Foundation, Inc., Boston, MA, for Conservation Law Foundation, Inc.

MEMORANDUM

WOODLOCK, District Judge.

I.

A conservationist contends that several officials of the Commonwealth of Massachusetts have violated the Endangered Species Act ("ESA") and the Marine Mammal Protection Act ("MMPA") by authorizing the use of "gillnets"1 and "lobster gear"2 by commercial fishing boats in Massachusetts waters, including areas designated as a "critical habitat...

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