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Article: Reviewing convictions for importing lobster tails from Honduras in violation of Lacey Act which bans imports to U.S. in violation of "foreign laws," Eleventh Circuit rules, as matter of first impression, that where foreign government had affirmed validity of its laws during U.S. prosecutions under Act, its later change of position became immaterial.
- Article from:
- International Law Update
- Article date:
- April 1, 2003
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In early February 1999, the National Marine Fisheries Services (NMFS) received an anonymous facsimile stating that the cargo vessel "M/V Caribbean Clipper" would arrive in Bayou la Batre, Alabama, on February 5, 1999, with "undersized ... lobster tails ... a violation of Honduran law." The facsimile stated that Honduras bans the bulk export of lobsters, and requires the use of boxes. The Lacy Act bars U.S. imports of "fish or wildlife [that has been] taken, possessed, transported or sold in violation of ... any foreign law." 16 U.S.C. Section 3372(a)(2)(A).
NMFS's agents got in touch with the Direccion de Pesca y Acuicultura (DIGEPESCA) (the Honduran Department ...