Legal Opinion

Kokechik Fishermen's Association v. Secretary of Commerce Appeal of Federation of Japan Salmon Fisheries Cooperative Association

Court of Appeals for the D.C. Circuit

Decided February 16, 1988No. 87-5239 to 87-5243, 87-5248, 87-5249PublishedCited by 28 opinions

1Opinion of the Court

Opinion for the Court filed by District Judge GESELL.

Dissenting opinion filed by Circuit Judge STARR.

GESELL, District Judge:

This case requires us to examine an aspect of this nation’s announced policy to protect, in waters under its jurisdiction, marine mammal populations that are in danger of depletion or extinction.

Following formal rulemaking proceedings, the Secretary of Commerce issued a regulation1 pursuant to the Marine Mammal Protection Act of 1972 (“MMPA”), 16 U.S.C. §§ 1361-1407 (1982 & Supp. Ill 1985), authorizing a group of Japanese *797commercial fishermen known as the Federation of…

2Cases cited4 opinions

  1. Federal Election Commission v. Democratic Senatorial Campaign CommitteeSupreme Court of the United States · 1981
  2. Natural Resources Defense Council, Inc. v. Rogers C. B. Morton, in His Official Capacity as Secretary of the Department of InteriorCourt of Appeals for the D.C. Circuit · 1972
  3. Committee for Humane Legislation, Inc. v. RichardsonCourt of Appeals for the D.C. Circuit · 1976
  4. Federation of Japan Salmon Fisheries Cooperative Ass'n v. BaldridgeDistrict Court, District of Columbia · 1987

3Cited by28 opinions

  1. Strahan v. CoxeCourt of Appeals for the First Circuit · 1997
  2. Southwestern Pennsylvania Growth Alliance v. Carol BrownerCourt of Appeals for the Third Circuit · 1997
  3. Strahan v. LinnonDistrict Court, D. Massachusetts · 1997
  4. New York Shipping Ass'n v. Federal Maritime CommissionCourt of Appeals for the D.C. Circuit · 1988
  5. Bays' Legal Fund v. BrownerDistrict Court, D. Massachusetts · 1993

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