Legal Opinion

United States v. Kaiyo Maru Number 53

District Court, D. Alaska

Decided December 8, 1980No. Civ. A 79-160PublishedCited by 20 opinions

1Opinion of the Court

FITZGERALD, District Judge.

The KAIYO MARU NO. 53, a Japanese hokuten trawler, was detained and searched on June 2, 1979, by the Coast Guard Cutter STORIS 22 miles southeast of Kiska Island in the Aleutians. The KAIYO was authorized to fish within the Fishery Conservation Zone of the North Pacific under a permit issued by the National Oceanic and Atmospheric Administration acting within authority delegated by the Fishery Conservation and Management Act of 1976. 1 The STORIS first observed the KAIYO fishing in area 54 of the zone rather than in area 52 for which she had been cleared according…

2Cases cited16 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  3. Bordenkircher v. HayesSupreme Court of the United States · 1978
  4. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
  5. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978

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3Cited by20 opinions

  1. Amstar Corp. v. S/S Alexandros T.Court of Appeals for the Fourth Circuit · 1981
  2. United States v. Lopez-FloresCourt of Appeals for the Ninth Circuit · 1995
  3. Tempest Fisheries v. LockeCourt of Appeals for the First Circuit · 2012
  4. United States of America, Cross-Appellee v. Kaiyo Maru No. 53, With Its Fishing Gear, Furniture, Appurtenances, Stores, Fish, Cargo, Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1983
  5. Tallman v. Department of Natural ResourcesMichigan Supreme Court · 1985

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