United States Ninth Circuit
US v. Approximately 64,695 Pounds of Shark Fins, 05-56274
In a case arises from a civil complaint brought by the government for the forfeiture under the Shark Finning Prohibition Act of 64,695 pounds of shark fins owned by claimant and found on board a U.S. vessel, a judgment of forfeiture is reversed and remanded where neither the statute nor regulations provided fair notice to claimant that the vessel, which purchased the fins at sea from other vessels, would be considered a fishing vessel under 16 U.S.C. section 1802(18)(B).
Appellate Information
- Argued 05/14/2007
- Decided 03/17/2008
- Published 03/17/2008
Judges
- REINHARDT, Circuit Judge:, Before: STEPHEN REINHARDT, RAYMOND C. FISHER, and RICHARD R. CLIFTON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Bryan Y.Y. Ho, Esq., Honolulu, HI, for the defendant-appellant., Karen P. Hewitt, U.S. Atty. (when opinion was filed), Carol C. Lam (when brief was filed), Mary C. Lundberg, Asst. U.S. Atty., U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.