United States v. F/V Marshalls 201
United States District Court for Guam
2008 WL 2018299 (2008)

- Written by Alex Ruskell, JD
Facts
The United States Coast Guard seized a boat, F/V Marshalls 201 (defendant), for fishing unlawfully within the exclusive economic zone surrounding Baker and Howland Islands. The F/V moved to dismiss, arguing that Baker and Howland Islands were “rocks” under the United Nations Law of the Sea Convention and could not generate an exclusive economize zone because they did not have an ongoing human community living on either island. The United States countered that the convention was not binding on the United States and that Baker and Howland Islands were “islands” under the Magnuson-Stevens Fishery Conservation and Management Act because they had sometimes had human inhabitants for business purposes.
Rule of Law
Issue
Holding and Reasoning (Tydingo-Gatewood, C.J.)
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