United States v. Approximately 64,695 Pounds of Shark Fins

520 F.3d 976 (2008)

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United States v. Approximately 64,695 Pounds of Shark Fins

United States Court of Appeals for the Ninth Circuit
520 F.3d 976 (2008)

AR

Facts

The United States (plaintiff) filed a civil forfeiture complaint against the King Diamond II (King) (defendant) to seize 64,695 pounds of shark fins found on board. Under the Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Shark Finning Prohibition Act, it was unlawful for fishing vessels to have shark fins in their possession. The court ruled in the government’s favor, and the King appealed. The King argued that it was merely a cargo ship that had bought shark fins from other boats while at sea. Therefore, the King argued that its due-process rights were violated because it did not have fair notice that it could be considered a fishing vessel because it did no fishing itself, nor did it aid other fishing boats in acquiring shark fins.

Rule of Law

Issue

Holding and Reasoning (Reinhardt, J.)

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