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16-095 - Territory of American Samoa v. National Marine Fisheries Service


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16-095 - Territory of American Samoa v. National Marine Fisheries Service
March 20, 2017
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR SUMMARY JUDGMENT 23 AND DENYING DEFENDANTS' COUNTER-MOTION FOR SUMMARY JUDGMENT 28. Signed by JUDGE LESLIE E. KOBAYASHI on 3/20/2017. (afc) Excerpt of conclusion: "[T]he Court GRANTS Plaintiff's Motion as to Count I, insofar as this Court ORDERS that the Final rule regarding Pacific Island Pelagic Fisheries; Exemption for Large U.S. Longline Vessels to Fish in Portions of the American Samoa Large Vessel Prohibited Area, 81 Fed. Reg. 5619 (Feb. 3, 2016), be VACATED AND SET ASIDE.[T]he remaining claims, Counts II, III, and IV, are HEREBY DISMISSED AS MOOT. Plaintiff's Motion is therefore DENIED AS MOOT as to Plaintiff's request for summary judgment on Counts II, III, and IV. Defendants' Counter-Motion for Summary Judgment is HEREBY DENIED in its entirety." ORDER further GRANTS Defendants' Motion for Judicial Notice pursuant to FRE 201(b)(2). (Motion: Dkt. No. 32)WRITTEN ORDER follows hearing held February 13, 2017. Minutes of hearing: Dkt. No. 40. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry