News & Analysis as of

Fishing Industry

Federal Court Rules That the Ship Mortgage Act Preempts State Law Protecting Permits From Becoming Security Interest

by Lane Powell PC on

Last month, in Bank of the Pacific v. F/V ZOEA, 2017 WL 823298, Case No. 3:15-cv-05758-RSL, the United States District Court for the Western District of Washington ruled that the federal Ship Mortgage Act, 46 U.S.C. §§ 31321...more

Hydrocarbons Win One and Lose One in Battles With Crawfish

by Gray Reed & McGraw on

In re: Louisiana Crawfish Producers arises out of the collision between two of Louisiana’s favored enterprises: crawfish and hydrocarbons....more

Supreme Court Special Master Recommends Denial of Florida Water Rights Complaint Against Georgia

by Holland & Knight LLP on

Florida and Georgia have been fighting for decades about flows in the Apalachicola, Chattahoochee and Flint River Basin (ACF Basin) that provide drinking water for the City of Atlanta, as well as water for agriculture in...more

The Oman Update - 1161

by Dentons on

Amending certain provisions of the rules and conditions for the election of members of boards of directors of public joint stock companies, and the provisions relating to their responsibilities (issued by MD 137/2002)....more

Implications of the Ninth Circuit’s Recent “Culvert Case” for Government and Private Entities Responsible for Conditions that...

by K&L Gates LLP on

The Ninth Circuit Court of Appeals (“Ninth Circuit”) recently affirmed an injunction issued by the District Court for Western District of Washington ordering the State of Washington to repair or replace thousands of State...more

China Loses Claims to the South China Sea in Landmark Decision

by Cozen O'Connor on

On Tuesday, China received a binding decision from the Permanent Court of Arbitration at The Hague, Netherlands, regarding territorial claims in the South China Sea. The international tribunal ruled unanimously that China’s...more

Legislative Update

by Brooks Pierce on

House Passes Budget: This week was budget week at the General Assembly with the House passing a $22.22 billion budget by week’s end. The budget drew more bipartisan support than any other budget since the Republicans...more

Fishermen Avoid Being Caught In Arbitration’s Net

What are the defining characteristics of an arbitration agreement? The dissent in a new 9th Circuit case took on that vexing issue, while the majority sidestepped it altogether while refusing to compel arbitration....more

Fish Farming Bills Proposed in Michigan

by Varnum LLP on

Competing bills in the Michigan House have two very different views of allowing fish farms in Michigan. Michigan Radio Network recently reported that Rep. Ed McBroom (R-Escanaba) has sponsored a bill that would allow fish...more

The Trans-Pacific Partnership Agreement reached: What does it mean for you?

by BakerHostetler on

The United States and 11 other Pacific Rim trading partners recently announced that they have come to a provisional agreement on the wide-ranging trade agreement known as the Trans-Pacific Partnership (“TPP”), which, over...more

Sixth Circuit Grants Summary Judgment as to Class, Based on FLSA Agriculture Exemption

by BakerHostetler on

Is the saying “fish or cut bait” dead? If you are ever in need of sleep, pull out your copy of the U.S. Code and traipse through the exemptions contained in section 13 of the FLSA, 29 U.S.C. § 213. We’re all familiar with the...more

U.S. District Court Rejects Challenges to Final Rule Terminating Sea Otter Translocation Program.

by Nossaman LLP on

On September 18, 2015, the U.S. District Court for the Central District of California rejected the assertion by the California Sea Urchin Commission, California Abalone Association, and Commercial Fishermen of Santa Barbara...more

In California, A Snail Is Sometimes A Fish And A Goldfish Isn’t

by Allen Matkins on

With statutes, it can be dangerous to rely on plain meaning. Most people, for example, would not consider an amphibian, such as a frog, or a mollusk, such as a snail, to be fish. However, the California Fish & Game Code...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

by Pierce Atwood LLP on

NEW REGULATORY DEVELOPMENTS - Federal - Final 2014 Effluent Guidelines Program Plan and 2014 Annual Effluent Guidelines Review Report EPA is announcing the availability of its Final 2014 Effluent Guidelines...more

Supplement — Curtin’s California Land Use

by Perkins Coie on

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

The Oman Update - The Official Gazette 1102

by Dentons on

Sultani Decrees - Sultani Decree 20/2015 - Promulgating the GCC Common Law of Anti-dumping, Countervailing Measures & Safeguards. Sultani Decree 21/2015 - Granting Omani nationality to 288 named...more

Food Labeling, Food Safety & Nutrition

From a national action plan on combating antibiotic-resistant bacteria in food-producing animals and a presidential task force on fishing and seafood fraud, to proposed rules on nutrition and supplement fact labeling, the...more

Court Decides Sarbanes-Oxley Is Intended for a Different Kettle of Fish The Fish Tale and the U.S. Supreme Court: Part II

by Holland & Knight LLP on

By a surprisingly narrow margin, the U.S. Supreme Court recently spared future fishermen from facing up to 20 years in prison for destroying their catch. The case, Yates v. United States of America, involved the curious tale...more

A Colorful Supreme Court Case Revives the Rule of Lenity

by Carlton Fields on

Last month, the Supreme Court’s decision in Yates v. United States provided much fodder for pun-filled headlines about fishing. The case involved the government’s attempt to stretch the Sarbanes-Oxley Act, which originally...more

Supreme Court Limits Scope of SOX Anti-Shredding Provision

The US Supreme Court recently reversed the conviction of a commercial fisherman, John L. Yates, accused of violating 18 U.S.C. § 1519, also known as the anti-shredding provision of the Sarbanes-Oxley Act (SOX), holding that...more

U.S. Supreme Court Finds That SOX’s Anti-Shredding Provision Does Not Apply To Fish

by Snell & Wilmer on

When one thinks of the Sarbanes-Oxley Act of 2002 (SOX)—a law created to restore trust in the financial markets following the collapse of Enron—red grouper is not usually the first thing that comes to mind. Nevertheless, the...more

Drone on Drones: Proposed Bans in Hunting and Fishing Shed Light on Regulatory Considerations for Drones

by Best Best & Krieger LLP on

In several states across the country, hunters and fishermen are anticipating the potential use of drones to track — and even tag — wildlife, and asking that lawmakers prohibit that use of the technology before it even gets...more

Yates v. United States: Supreme Court Reins in Sarbanes-Oxley Act’s “Anti-Shredding” Provision

by Blank Rome LLP on

Action Item: The Supreme Court’s decision in Yates v. United States will significantly impact how in-house counsel, outside counsel, and compliance officers alike should advise their clients with respect to evidence...more

SOX, the Destruction of Evidence And Dr. Seuss: Is a Fish A Tangible Object?

by Dorsey & Whitney LLP on

Section 1519 was passed as part of the Sarbanes-Oxley Act in the wake of Enron’s massive accounting fraud. The section was designed to fill a gap in the law by preventing corporate document-shredding to conceal evidence of...more

SCOTUS Rules No Felony for Throwing the Little Ones Overboard

by Ifrah PLLC on

The case, Yates v. United States, arose from a offshore inspection of a commercial fishing vessel in the Gulf of Mexico. During the inspection, a federal agent found that the ship’s catch contained undersized red grouper, in...more

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