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25 UCLA J. Envtl. L. & Pol'y 225 (2006-2007)
Extraterritorial Application of State Fishery Management Regulations under the Magnuson-Stevens Fishery Conservation and Management Act: Have the Courts Missed the Boat

handle is hein.journals/uclalp25 and id is 227 raw text is: Extraterritorial Application of State Fishery Management Regulations under the Magnuson-Stevens Fishery Conservation and Management Act: Have the Courts Missed the Boat? Mike Mastry* I. INTRODUCTION ...................................... 225 II. PREEMPTION: A PRIMER ............................ 226 III. THE MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT ............................ 230 IV. JUDICIAL HISTORY OF NON-PREEMPTION OF STATE FISHERY REGULATIONS UNDER THE MAGNUSON- STEVENS ACT ........................................ 233 V. A VERY BRIEF LOOK AT THE HISTORY OF SECTION 1856 ................................................ 238 VI. HAVE THE COURTS MISSED THE BOAT? ............ 239 VII. CONCLUSION ......................................... 245 I. INTRODUCTION Over the past thirty years individual states have routinely at- tempted to enforce their fisheries regulations beyond their terri- torial waters. Such extraterritorial application of state regulations falls under the purview of the Magnuson-Stevens Fishery Conservation and Management Act' (Magnuson-Ste- vens Act), which is the United States' primary means of gov- erning commercial and recreational fishing activities within federal waters. Under the Magnuson-Stevens Act the United States exerts control over all fishing activities and the fishery re- * Mike Mastry is a sole practitioner located in St. Petersburg, Florida whose practice includes environmental and fisheries issues. 1. 16 U.S.C. §§ 1801 et seq.