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WESTERN SEA FISHING CO., INC. v. LOCKE

Civil Action No. 07-10699-WGY.

722 F.Supp.2d 126 (2010)

WESTERN SEA FISHING COMPANY, INC.; f/v Voyager, Inc.; Cape Clam, Inc., Plaintiffs, v. The Honorable Gary F. LOCKE, Secretary of the United States Department of Commerce, Defendant.

United States District Court, D. Massachusetts.

July 13, 2010.

Attorney(s) appearing for the Case

H. Reed Witherby, Smith & Duggan LLP, Boston, MA, for Plaintiffs.

Lawson E. Fite, Robert P. Williams, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM AND ORDER

YOUNG, District Judge.

This case, at its heart, requires this Court to analyze the conservation goal of fishery management, a matter committed by statute to an executive agency, and then determine whether a group of New England fishermen may continue to fish for herring, the "silver darlings" of song and folklore. The fishermen "caught in the regulatory net"1 have been denied the necessary permits...

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