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Wards Cove Packing Corporation v. National Marine Fisheries Service James W. Balsiger, in His Capacity as Regional Administrator, Alaska Region, National Marine Fisheries Service Donald L. Evans, in His Capacity as Secretary of Commerce and U.S. Department of Commerce

Citations: 307 F.3d 1214; 33 Envtl. L. Rep. (Envtl. Law Inst.) 20071; 2002 Daily Journal DAR 11975; 2002 Cal. Daily Op. Serv. 10400; 2002 A.M.C. 2676; 2002 U.S. App. LEXIS 21490Docket: 01-35309

Court: Court of Appeals for the Ninth Circuit; October 15, 2002; Federal Appellate Court

Narrative Opinion Summary

The case involves Wards Cove Packing Corporation's appeal against a district court decision that upheld the National Marine Fisheries Service's (NMFS) determination of their ineligibility to harvest sablefish under the Individual Fishing Quota (IFQ) program. The dispute arose from the interpretation of regulations governing quota share (QS) allocations, particularly whether the regulations required actual landings of both halibut and sablefish for eligibility. NMFS denied Wards Cove QS for sablefish, asserting that their lack of sablefish landings during the qualifying period rendered them ineligible. Wards Cove contended that the regulations allowed for eligibility based on landings of either species. The Ninth Circuit Court of Appeals found the regulatory language clear, allowing qualification based on landings of either species, and reversed the district court's decision, which had deferred to NMFS's interpretation. The appellate court ruled that the regulation was unambiguous and did not require deference to NMFS's interpretation. Consequently, the court remanded the case for entry of judgment in favor of Wards Cove, awarding them attorneys' fees and costs under the Equal Access to Justice Act.

Legal Issues Addressed

Deference to Agency Interpretation

Application: The court concluded that there was no need to defer to the National Marine Fisheries Service's (NMFS) interpretive rule, as the regulation was not ambiguous.

Reasoning: The court found that the district court erred in deferring to the National Marine Fisheries Service (NMFS) on regulatory interpretation since the regulation is not ambiguous.

Eligibility Criteria for Quota Shares

Application: Eligibility for Quota Shares requires prior legal landings of halibut or sablefish during the qualifying years, entitling vessel owners to quota shares based on historical landings.

Reasoning: A 'qualified person' is defined as someone who owned a vessel that made legal landings of halibut or sablefish during any QS qualifying year (1988, 1989, or 1990). This definition is deemed clear and unambiguous, conferring an entitlement to QS based on legal landings.

Interpretation of Regulatory Language under 50 C.F.R. § 679.40(a)(1)

Application: The Ninth Circuit Court of Appeals found the regulation's language clear, allowing qualification based on harvesting either sablefish or halibut.

Reasoning: The Ninth Circuit Court of Appeals, however, ruled that the regulation's language is clear, allowing qualification based on harvesting either sablefish or halibut.

Standard of Review for Summary Judgment

Application: The appeal reviewed the agency's summary judgment de novo, assessing whether the agency's determination was arbitrary or capricious.

Reasoning: The standard of review for the agency's summary judgment is de novo, assessing whether the agency's determination was arbitrary or capricious and ensuring it considered relevant factors while maintaining a rational connection between facts and decisions.