WILDLEX

Fishermen in the Eastern Tropical Pacific Ocean sought to exploit the synergy between dolphins and yellowfin tuna and began adopting a fishing method called purse seine fishing. Fishermen using this method inevitably set their nets around dolphins and tuna alike.

The Driftnet Act establishes a process under which the United States may take various actions against a foreign nation whose fishing vessels on the high seas engage in large-scale driftnet fishing. Italian fishing vessels were using these nets. Subsequent negotiations between Italy and the President of the U.S.

In addition to banning large-scale pelagic driftnets by U.S. vessels and nationals, the Driftnet Act established a mechanism to deter the use of driftnets by foreign vessels in international waters. Under this mechanism, the U.S.

A fisheries officer noticed that the defendant (Yates) had scores of undersized red grouper on board. This was a violation of federal conservation regulations, which prohibited fishermen from retaining grouper under a certain length.

The defendant is the owner of the Marshall 201, a vessel spotted by a U.S. Coast Guard within the U.S. EEZ surrounding Baker and Howland Islands. The vessel had no permission to fish in the zone. Nevertheless, the vessel carried 130 tons of tuna presumably harvested from U.S. waters.

The plaintiff is American Pelagic, a company whose President and sole shareholder, purchased a large boat, the Atlantic Star, in 1996 to transform it into a massive fishing vessel. In 1997, NMFS issued both a valid Atlantic mackerel permit and a Northeast Multispecies fish permit to the vessel.