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Section of Environment, Energy, and Resources


Marine Resources Committee

Recent Court Decisions

The following are recent court decisions related to marine resources. Where possible, we have provided the PDF of the decision. If there are other decisions, including slip opinions, which you would like to have posted please email electronic copies to Josh Eagle at eagle@law.sc.edu.

March 2005

Alaska salmon fishing cooperative held illegal.
Grunert v. State, Supreme Court No. S-10841, No. 5880, Supreme Court of Alaska, 2005 Alas. LEXIS 36, March 17, 2005.

January 2005

Texas' shrimp regulations valid.
Lambright v. Texas Parks & Wildlife Dep't & Texas Parks & Wildlife Comm'n, 2005 Tex. App. LEXIS 561, January 27, 2005.

Is the Alaska state sablefish permit system valid?
Johnson v. State, Supreme Court No. S-11142, No. 1199, 2005 Alas. LEXIS 8, January 26, 2005.

When are claims not under the Magnuson-Stevens Act claims under the Magnuson-Stevens Act?:
Turtle Island Restoration Network v. Department of Commerce, 2005 U.S. Dist. LEXIS 303, January 4, 2005.

What is a "fishing vessel" under the Magnuson-Stevens Act?
United States v. Approximately 64,695 Pounds of Shark Fins, 353 F. Supp. 2d 1095 (S.D. Cal 2005)

December 2004

What exactly does or doesn't constitute the best scientific information available?:
Midwater Trawlers Cooperative v. Department of Commerce, 2004 U.S. App. LEXIS 26896, December 28, 2004.

More on N.E. Amendment 13:
Associated Fisheries of Maine, Inc. v. Evans, 2004 U.S. Dist. LEXIS 25685, December 21, 2004.

N.B. The case descriptions above are not intended to fully document all of the important issues in each case.

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