Myers

Myers v. American Triumph F/V

Good Law
2001 Daily Journal DAR 8556·260 F.3d 1067·2001 WL 902187·2001 A.M.C. 2400·2001 Cal. Daily Op. Serv. 6984
United States Court of Appeals for the Ninth CircuitAugust 13, 2001No. 00-35157California1,428 words

Opinion

Lead Opinion

Fernandez, J.

Rick L. Myers, Tadeusz Nogacki, and Bronislaw Kuchczynski (collectively Myers) brought this in rem class action in admiralty against the fishing vessel F/V American Triumph (the Vessel), and asserted various causes of action allegedly arising out of the Vessel’s taking of ferae nature fish pursuant to a Certificate of Documentation and Fishery Endorsement (Certificate) issued by the United States Coast Guard. Resource Group International, Inc. and American Seafoods Company, the owner and charterer of the Vessel respectively, filed claims, and in response to their motion to determine probable cause and dismiss, the district court ultimately dismissed the action. 1 Myers appealed, and we affirm.

BACKGROUND

The Coast Guard issued the Certificate on April 4, 1986, and the Vessel proceeded to take fish during the ensuing years. The Certificate was issued pursuant to 46 U.S.C. §§ 12101-12122 , which provides for registration of a vessel’s nationality and sets out its qualification to engage in a specified trade. Certificates can be issued with one or more trade endorsements. See 46 C.F.R. § 67.16 . The fishery endorsement that was given to the Vessel entitled it “to employment in the…

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