United States v. 594,464 Pounds of Salmon, More or Less, Appeal of Union, Inc.

We are asked to decide whether a determination by the Board of Foreign Trade of the Republic of China (Taiwan) prohibiting export of salmon without a permit constitutes “foreign law” within the meaning of the Lacey Act, 16 U.S.C. § 3371 et seq. (“Act”).

The United States initiated this in rem forfeiture action after seizing 594,464 pounds of salmon in July 1986 at Tacoma, Washington, its point of importation into the United States. Union, Inc. (“Union”), a California corporation, claims to own the salmon.

The government charges that the salmon’s importation triggered operation of 16 U.S.C. § 3374 (1982), which provides for the forfeiture of certain fish imported into the United States in violation of “any foreign law.” See also 16 U.S.C. § 3372 (1982). United States officials allege that the fish were exported from Taiwan in violation of a Taiwanese regulation, and that the importation of the salmon into the United States was part of a complex international fish smuggling scheme.

Union moved to dismiss the government’s forfeiture action, asserting that the Taiwanese regulation at issue is not encompassed by the term “any foreign law” as it used in section 3372(a)(2)(A). Later,…