In a petition for review of the Secretary of Commerce's order allocating Pacific cod in the Bering Sea and Aleutian Islands Management Area among different sectors of the fishing industry, the petition is denied where: 1) petitioner failed to demonstrate that the allocation, although disadvantageous to it, was not fair or equitable in furthering the beneficial objectives of the relevant Fishery Management Plan; and 2) the Fishery Management Councils also considered the best available sociological data.
Argued and Submitted November 6, 2009
Filed January 19, 2010
Opinion by Judge Alarcon
Dissent by Judge Clifton