Western Pioneer, Inc. v. United States

709 F.2d 1331 WESTERN PIONEER, INC., Marlin Fisheries, Inc., and Dolphin Fisheries, Inc., in personam, and M/V MARLIN, her engines, tackle, etc., and M/V DOLPHIN, her engines, tackle, etc., in rem, Defendants-Appellants/Cross-Appellees, v. UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant. No. 82-3437. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 10, 1983. Decided July 8, 1983. Warren A. Schneider, Dept. of Justice, Washington, D.C., for plaintiff-appellee/cross-appellant. John H. Bradbury, Bradbury, Bliss & Riordan, Anchorage, Alaska, for defendants-appellants/cross-appellees. On Appeal from the United States District Court for the District of alaska. Before WALLACE, ANDERSON, and SCHROEDER, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: 1 In this action we are called upon to interpret certain United States shipping laws. Three of Western Pioneer's vessels were cited or threatened with citation for violations of 46 U.S.C. Secs. 367 , 404, 672, and 673, dealing with inspection of vessels and qualification of crew members. 1 Western Pioneer's defense was based on exemptions from those statutes for "cannery tender" and "fishing tender"…