ELR Citation: ELR 21172
No(s). 95-36130 (9th Cir. Apr 25, 1997)

The court holds that a commercial fisher's challenge to regulations establishing a limited entry program in the Pacific Coast Groundfish Fishery is untimely under the Magnuson Fishery Conservation and Management Act. The fisher failed to seek review within 30 days after the regulations were promulgated. The court then holds that the fisher's vessel is not entitled to a limited entry permit based on the regulations' hardship exception for delay beyond the vessel owner's control. The fisher alleged that his vessel was unable to meet the minimum groundfish landing requirements to qualify for a permit because it had been destroyed by fire and was in the process of being rebuilt by its prior owners during the relevant window period. However, the successive owners of the fisher's vessel were the persons who delayed rebuilding the boat. The delay was not due to factors beyond their control.

Counsel for Plaintiff
Thomas P. Sughrua
Sughrua & Associates
2737 77th Ave. SE, Ste. 210, Mercer Island WA 98178
(206) 232-9726

Counsel for Defendant
Ellen J. Durkee
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before: JOHN T. NOONAN Jr., THOMPSON, and KLEINFELD, Circuit Judges.