United States v. Approximately 64,695 Pounds of Shark Fins

Good Law
15 A.L.R. Fed. 2d 847·353 F. Supp. 2d 1095·2005 WL 181824·2005 U.S. Dist. LEXIS 4464
United States District Court, Southern District of CaliforniaJanuary 20, 200503CV0594BTMLSPCalifornia6,538 words

Opinion

Opinion

Moskowitz, J.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION

This case arises out of the seizure by the United States of approximately 64,695 pounds of shark fins discovered aboard the M/V KING DIAMOND II (“KD II”), a U.S. flag vessel. Claimant Tai Loong Hong Marine Products, Ltd. (“Tai Loong”) owned the shark fins. On March 26, 2003, the United States filed a complaint for civil forfeiture of the $775,000 bond serving as a substitute res for the shark fins under the Shark Finning Prohibition Act (“SFPA”). On September 13, 2004, the United States filed a motion for summary judgment seeking summary adjudication on the narrow issue of whether the KD II is a “fishing vessel” under the SFPA. Tai Loong opposes the motion.

I. Background

The KD II is a United States flag vessel owned and operated by Tran and Yu, Inc. From 1995 to 2000, the KD II, under prior ownership, was documented with a fishing endorsement and held a Federal Limited Access Permit that authorized the use of longline fishing gear. Tran and Yu, Inc. purchased the KD II in January 2001. From February 26, 2001 through May 9, 2001, under Tran and Yu’s ownership, the KD II held a “fishery”…

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