Fishermen's Finest, Inc. v. Locke

Opinion by Judge ABARCÓN; Dissent by Judge CLIFTON.

ABARCÓN, Senior Circuit Judge:

Fishermen’s Finest, Inc., North Pacific Fishing, Inc., and U.S. Fishing, LLC, (“Fishermen’s”) appeal from the district court’s order granting summary judgment in favor of the Secretary of the United States Department of Commerce. Fishermen’s challenges the Secretary’s issuance of a final rule adopting Amendment 85 (“A85”) to the Fishery Management Plan (“FMP”) for Groundfish of the Bering Sea *889and Aleutian Islands Management Area (“BSAIMA”).

The Government allocates Pacific cod in the BSAIMA among different sectors…