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United States v. F/V Taiyo Maru, Number 28

395 F. Supp. 413 (1975)

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United States v. F/V Taiyo Maru, Number 28

United States District Court for the District of Maine
395 F. Supp. 413 (1975)

  • Written by Liz Nakamura, JD

Facts

In September 1974, the United States Coast Guard found the Taiyo Maru 28 (defendant), a Japanese fishing vessel, fishing without authorization within the United States’ (plaintiff) contiguous fisheries zone. The Coast Guard pursued the Taiyo Maru beyond the contiguous zone and seized the Taiyo Maru on the high seas. The high seas are international waters. The United States filed suit in district court against the Taiyo Maru and its owner, arguing that the Taiyo Maru was subject to condemnation and forfeiture because it had violated United States federal law by fishing within the United States’ contiguous zone. The Taiyo Maru countered and moved to dismiss, arguing that (1) pursuant to the Geneva Convention on the High Seas, the United States was not authorized to pursue the Taiyo Maru beyond the contiguous zone and seize it on the high seas; and (2) although the United States was authorized to establish a contiguous zone in which it could enforce certain federal laws, federal fishery laws could not be enforced in contiguous zones.

Rule of Law

Issue

Holding and Reasoning (Gignoux, J.)

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