[Download] "Ronald Moran Cadillac, Inc. v. United States" by United States Court of Appeals for the Ninth Circuit * eBook PDF Kindle ePub Free

eBook details

Title: Ronald Moran Cadillac, Inc. v. United States
Author : United States Court of Appeals for the Ninth Circuit
Release Date : January 16, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

Midwater Trawlers Cooperative, West Coast Seafood Processors, and the Fishermens Marketing Association (collectively "Appellants" or "Midwater") challenge the Secretary of Commerces decision to allocate a portion of the U.S. harvest of Pacific whiting to the Makah Indian Tribe ("the Makah Tribe"). Appellants argue that the allocation runs afoul of the Magnuson-Stevens Fishery Conservation and Management Act ("Magnuson-Stevens Act"), 16 U.S.C. 1801 et seq., and the Administrative Procedure Act ("APA"). In an earlier appeal in this case, we concluded that the National Marine Fisheries Service ("Fisheries Service") had failed to explain its allocation of Pacific whiting to the Makah Tribe using the best available scientific information. Accordingly, we remanded for the Fisheries Service to promulgate a new allocation to the Makah Tribe consistent with the law and based on the best available science, or to provide further justification that the current allocation conforms to the requirements of the Magnuson-Stevens Act and the 1855 Treaty of Neah Bay.