By daybreak
Published: February 17, 2009
Updated: February 18, 2009
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Federal Judge Edward F. Harrington has responded to the defendant's motion in the case of Massachusetts and New Hampshire v. Gutierrez:
According to the ruling, "The court understands that Commerce?s failure to seriously consider and analyze the Mixed-Stock Exception primarily impacts the 2:1 Days at Sea (“DAS”) counting system. Therefore, Federal Defendants? Motion to Alter or Amend the Court?s Order (Docket No. 39) is GRANTED IN PART as follows:
1. Framework 42 is hereby reinstated except for those provisions relating to the 2:1 DAS counting system, which remain suspended for thirty-eight (38) days from the date of this order.
2. The Deadline for DAS Leasing is extended by thirty (30) days pursuant to the recommendation contained in the State Plaintiffs? Opposition to Federal Defendants? Motion Filed under Fed. R. Civ. P. 59(e) (Docket No. 44)."
The 2:1 Differential Days Counting measures will be reinstated on Saturday, March 28, 2009. Fishermen also have an additional 30 days to submit leases for this fishing year.
The complete ruling may be downloaded from the court's website at:
http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=harrington/pdf/gutierrezamendiii.pdf
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