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Property Keyed to Merrill
Alliance Against IFQs v. Brown
Facts
Defendant authorized the commerce secretary to create regulations that limited access to the fishery when commercial ocean fishing in Alaskan waters resulted in overfishing of sablefish and halibut. Defendant created a regulatory scheme that allocated a quota share to each owner or lessee of a vessel that caught those particular types of fish. Prioritization of boat owners and lessees over fishermen were based on the difficulties of calculating shares and investments made. Plaintiffs who are fishermen who did not own or lease boats, and boat owners who had not fished prior to the cutoff period sued the defendant. The district court granted summary judgment in favor of the defendant.
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