Foretich

In cases consolidated for trial, the defendants were charged with violations of section 8603 of the Fish and Game Code of this state. [1] The parties stipulated to the facts. There is thus no dispute relating to the following facts:

"1. The defendants are citizens of the State of California.

"2. On March 19, 1970, each of the defendants engaged in the activity of fishing with purse seine nets at a location within California Fish and Game District 19a, as defined in California Fish and Game section 11028.

"3. The acts of fishing with purse seine nets occurred at a point which was at a location more than three miles seaward of any point of land and landward of a line drawn between the headlands of Santa Monica Bay.

"4. The acts of fishing with purse seine nets occurred at a location outside and seaward of the Territorial Sea of the United States and within and landward of a line, each point of which is nine miles seaward of the seaward boundary of the Territorial Sea."

The defendants made motions to dismiss, urging that section 8603 is unconstitutional and void, that it applies only within the state and that the acts here involved were done outside the…