United States v. Richard L. Clark

This case challenges the constitutionality of a section of the Marine Mammal Protection Act ( 16 U.S.C. § 1361 , et seq.) as applied to defendant-appellant Clark. The challenge is one of vagueness: it is made against a section prohibiting the “wasteful” taking of marine mammals under a moratorium exemption allowed to Alaskan natives, 16 U.S.C. § 1371 (b).

The district court had jurisdiction under 18 U.S.C. § 371 and 16 U.S.C. § 1371 . This Court has jurisdiction pursuant to 28 U.S.C. § 1291 and Fed.R.App.P. 4(b). Whether a statute or regulation is unconstitutionally vague is a question of law and the standard of review is de novo. United States v. Hutson, 843 F.2d 1232, 1234 (9th Cir.1988).

BACKGROUND

On the morning of July 27, 1988, Richard Clark and three family members, all Alaskan natives, and one non-native, shot nine walrus. From all nine carcasses, the Clarks removed the head (ivory tusks and whiskers), the oosik (the penis bone), and the flippers. They were able to “completely butcher” one carcass and take its meat and useful organs. On the morning of July 28, 1990, the Clarks left the beach, with the completely butchered walrus and six carcasses under tow; they left…