FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NATURAL RESOURCES DEFENSE  COUNCIL, INC.; THE INTERNATIONAL FUND FOR ANIMAL WELFARE; CETACEAN SOCIETY INTERNATIONAL; LEAGUE FOR COASTAL PROTECTION; OCEAN FUTURES SOCIETY; JEAN- MICHEL COUSTEAU, Plaintiffs-Appellees, v. No. 08-55054 DONALD C. WINTER, Secretary of D.C. No. the Navy; UNITED STATES CV-07-00335-FMC DEPARTMENT OF THE NAVY; CARLOS  Central District M. GUTIERREZ, Secretary of the of California, Department of Commerce; Santa Ana NATIONAL MARINE FISHERIES ORDER SERVICES; WILLIAM HOGARTH, Assistant Administrator for Fisheries of the National Oceanographic and Atmospheric Administration; CONRAD C.

LAUTENBACHER, JR., Administrator of the National Oceanographic and Atmospheric Administration, Defendants-Appellants.  Filed January 25, 2008 Before: Betty B. Fletcher, Dorothy W. Nelson and Stephen Reinhardt, Circuit Judges.

1239 1240 NATURAL RESOURCES DEFENSE COUNCIL v. WINTER ORDER The panel’s January 16, 2008 order remanding the case to the district court is designated for publication.

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