United States v. Approximately 633.79 Tons of Yellowfin Tuna

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS

This matter is before the court on defendant and claimant R. A. Watt’s motion to dismiss filed pursuant to the Federal Rules of Civil Procedure 12(b). The underlying action is founded upon the alleged taking of yellowfin tuna in a manner in violation of the Tuna Conventions Act of 1950, as amended, 16 U.S.C. §§ 951-961 (1974), and the regulations promulgated thereunder (50 C.F.R., Part 280). Defendant contends that the Act is unconstitutional for two distinct reasons: one, it demonstrates an unconstitutional delegation of legislative power; and two, it is void for uncertainty.

After a thorough examination of the issues involved in the motion, this court must conclude that defendant’s contentions are without merit and that the Act is constitutional.

A review of the Act must begin with the understanding that statutes should be construed, whenever possible, so as to uphold their constitutionality. United States v. Vuitch, 402 U.S. 62 , 91 S.Ct. 1294 , 28 L.Ed.2d 601 (1971); United States v. Crosson, 462 F.2d 96 (9th Cir. 1972), cert. denied, 409 U.S. 1064 , 93 S.Ct. 569 , 34 L.Ed.2d 517 (1973).

Defendant’s first…