D.C. Nos. 3:10-cv-00271-TMB 3:11-cv-00001-TMB 3:11-cv-00004-TMB -- 1 of 7 -- STATE… v. Jane Lubchenco

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STATE OF ALASKA,
Plaintiff-Appellant,
and
FREEZER LONGLINE COALITION;
ALASKA SEAFOOD
COOPERATIVE; THE GROUNDFISH
FORUM; ALASKA GROUNDFISH
COOPERATIVE; CASCADE
FISHING, INC.; M/V SAVAGE
INC.; OCEAN PEACE, INC.; THE
FISHING COMPANY OF ALASKA,
INC.; ALASKA JURIS, INC.;
ALASKA SPIRIT, INC.,
Washington corporations;
UNITED STATES SEAFOODS, LLC;
ALASKA ALLIANCE, LLC;
ALASKA LEGACY, LLC;
SEAFREEZE ALASKA 1, LLC;
ALASKA VAERDAL, LLC;
IQUIQUE U.S., LLC; UNIMAK
VESSEL, LLC; CAPE HORN
VESSEL, LLC; REBECCA IRENE
VESSEL, LLC; TREMONT VESSEL,
LLC; ARICA VESSEL, LLC,
Washington limited liability
companies; FCA HOLDINGS,
INC., an Alaska corporation;
No. 12-35201
D.C. Nos.
3:10-cv-00271-TMB
3:11-cv-00001-TMB
3:11-cv-00004-TMB

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STATE OF ALASKA V. LUBCHENCO 2
O’HARA CORPORATION, a Maine
corporation; AK VICTORY, INC.,
a Washington corporation,
Plaintiffs,
v.
JANE LUBCHENCO, in her official
capacity as Administrator,
National Oceanic and
Atmospheric Administration;
NATIONAL MARINE FISHERIES
SERVICE; JAMES W. BALSIGER, in
his official capacity as NMFS
Alaska Region Administrator;
PENNY PRITZKER, in her official
capacity as United States
Secretary of Commerce,*
Defendants-Appellees,
OCEANA; GREENPEACE INC.,
Intervenor-Defendants–
Appellees.
*
* Secretary of Commerce Penny Pritzker is substituted for her
predecessor, Gary Locke, pursuant to Federal Rule of Appellate Procedure
43(c)(2).

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STATE OF ALASKA V. LUBCHENCO 3
STATE OF ALASKA; FREEZER
LONGLINE COALITION,
Plaintiffs,
and
ALASKA SEAFOOD
COOPERATIVE; THE GROUNDFISH
FORUM; ALASKA GROUNDFISH
COOPERATIVE; CASCADE
FISHING, INC.; M/V SAVAGE
INC.; OCEAN PEACE, INC.; THE
FISHING COMPANY OF ALASKA,
INC.; ALASKA JURIS, INC.;
ALASKA SPIRIT, INC.,
Washington corporations;
UNITED STATES SEAFOODS, LLC;
ALASKA ALLIANCE, LLC;
ALASKA LEGACY, LLC;
SEAFREEZE ALASKA 1, LLC;
ALASKA VAERDAL, LLC;
IQUIQUE U.S., LLC; UNIMAK
VESSEL, LLC; CAPE HORN
VESSEL, LLC; REBECCA IRENE
VESSEL, LLC; TREMONT VESSEL,
LLC; ARICA VESSEL, LLC,
Washington limited liability
companies; FCA HOLDINGS,
INC., an Alaska corporation;
O’HARA CORPORATION, a Maine
corporation; AK VICTORY, INC.,
a Washington corporation,
Plaintiffs-Appellants,
No. 12-35203
D.C. Nos.
3:10-cv-00271-TMB
3:11-cv-00001-TMB
3:11-cv-00004-TMB

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STATE OF ALASKA V. LUBCHENCO 4
v.
JANE LUBCHENCO, in her official
capacity as Administrator,
National Oceanic and
Atmospheric Administration;
NATIONAL MARINE FISHERIES
SERVICE; JAMES W. BALSIGER, in
his official capacity as NMFS
Alaska Region Administrator;
PENNY PRITZKER, in her official
capacity as United States
Secretary of Commerce,
Defendants-Appellees,
OCEANA; GREENPEACE INC.,
Intervenor-Defendants–
Appellees.
STATE OF ALASKA; ALASKA
SEAFOOD COOPERATIVE; THE
GROUNDFISH FORUM; ALASKA
GROUNDFISH COOPERATIVE;
CASCADE FISHING, INC.; M/V
SAVAGE INC.; OCEAN PEACE,
INC.; THE FISHING COMPANY OF
ALASKA, INC.; ALASKA JURIS,
INC.; ALASKA SPIRIT, INC.,
Washington corporations;
UNITED STATES SEAFOODS, LLC;
ALASKA ALLIANCE, LLC;
ALASKA LEGACY, LLC;
No. 12-35204
D.C. Nos.
3:10-cv-00271-TMB
3:11-cv-00001-TMB
3:11-cv-00004-TMB
ORDER
AMENDING
OPINION

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STATE OF ALASKA V. LUBCHENCO 5
SEAFREEZE ALASKA 1, LLC;
ALASKA VAERDAL, LLC;
IQUIQUE U.S., LLC; UNIMAK
VESSEL, LLC; CAPE HORN
VESSEL, LLC; REBECCA IRENE
VESSEL, LLC; TREMONT VESSEL,
LLC; ARICA VESSEL, LLC,
Washington limited liability
companies; FCA HOLDINGS,
INC., an Alaska corporation;
O’HARA CORPORATION, a Maine
corporation; AK VICTORY, INC.,
a Washington corporation,
Plaintiffs,
and
FREEZER LONGLINE COALITION,
Plaintiff-Appellant,
v.
JANE LUBCHENCO, in her official
capacity as Administrator,
National Oceanic and
Atmospheric Administration;
NATIONAL MARINE FISHERIES
SERVICE; JAMES W. BALSIGER, in
his official capacity as NMFS
Alaska Region Administrator;
PENNY PRITZKER, in her official

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STATE OF ALASKA V. LUBCHENCO 6
capacity as United States
Secretary of Commerce,
Defendants-Appellees,
OCEANA; GREENPEACE INC.,
Intervenor-Defendants–
Appellees.
Filed October 16, 2013
Before: Mary M. Schroeder, M. Margaret McKeown,
and Richard C. Tallman, Circuit Judges.
ORDER
The Opinion filed July 23, 2013, appearing at 723 F.3d
1043, is amended as follows:
1. At slip op. 10, in the fifth sentence of the
third full paragraph; 723 F.3d at 1048, line 1,
delete “will not” and insert “[are] not likely
to” before “jeopardize.”
2. At slip op. 11, in the second sentence of
the second full paragraph; 723 F.3d at 1048,
line 4 of the second full paragraph, delete “do
not jeopardize” and replace with “are not
likely to jeopardize.”
3. At slip op. 24, in the second sentence of
the first full paragraph; 723 F.3d at 1054, line

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STATE OF ALASKA V. LUBCHENCO 7
7 of the first full paragraph, delete
“jeopardizing” and replace with “likely to
jeopardize.”
4. At slip op. 27, in the first sentence of the
second full paragraph; 723 F.3d at 1055, line
2 of the fifth full paragraph, insert “likely”
before “jeopardize.”
With these amendments, the panel has voted to deny
appellants’ petition for panel rehearing. Judges McKeown
and Tallman have voted to deny the petition for rehearing en
banc, and Judge Schroeder has so recommended.
The full court has been advised of appellants’ petition for
rehearing en banc and no judge has requested a vote on
whether to rehear the matter en banc. Fed. R. App. P. 35.
Appellants’ petition for panel rehearing and petition for
rehearing en banc are denied. Further petitions for rehearing
and rehearing en banc shall not be entertained.

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