Notes of Decisions
Humane Soc'y of the United States v. Clinton, 44 F. Supp. 2d 260 (Ct. Intl. Trade 1999).
· cites it 23× “Once such an identification is made, vessels of that nation are to be denied port privileges in the United States, 16 U.S.C. § 1826a(a)(2), the President is to enter into consultations with the government of the identified country to effect an agreement that will immediately…”
Humane Soc'y of the United States v. Brown, 19 Ct. Int'l Trade 1104 (Ct. Intl. Trade 1995).
· cites it 5× “Section 101 of the act, which is codified as 16 U.S.C. § 1826a, provides: (a) Denial of port privileges (1) Publication of list Not later than 30 days after November 2,1992, and periodically thereafter, the Secretary of Commerce, in consultation *1109 with the Secretary of…”
Humane Soc'y of the United States v. Clinton, 236 F.3d 1320 (Fed. Cir. 2001).
· cites it 11× “The Act in section 101 (16 U.S.C. § 1826a) begins by requiring that the Secretary of Commerce, not later than 30 days after enactment, “and periodically thereafter,” publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the EEZ.”
Humane Soc. of US v. Brown, 920 F. Supp. 178 (Ct. Intl. Trade 1996).
· cites it 4× “16 U.S.C. § 1826a. Among other statutes, this Enforcement Act amended Title 22, U.”
Humane Soc'y of the United States v. Bush, 159 F. Supp. 2d 707 (Ct. Intl. Trade 2001).
· cites it 2× “It prevailed only on the third count, that the Secretary of Commerce had “reason to believe” that illegal driftnet fishing was occurring in Italy in violation of the High Seas Driftnet Fisheries Enforcement Act, 16 U.S.C. § 1826a(b)(1)(B) (1994) (“Driftnet Act”), and that the…”
Turtle Island Restoration Network v. Evans, 284 F.3d 1282 (Fed. Cir. 2002).
“16 U.S.C. § 1826a(b)(3)(A) (2000) (emphasis added); and by fishing operations or other trade threatening endangered species: the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any products from the…”
Ninestar Corp. v. United States, 2023 CIT 169 (Ct. Intl. Trade 2023).
“338, 346 (1995) (affirming § 1581(i)(1)(C) jurisdiction in a case arising under the High Seas Driftnet Fisheries Enforcement Act, 16 U.S.C. § 1826a); Nat. Res. Def. Council, Inc.”
Motions Sys. Corp. v. Bush, 437 F.3d 1356 (Fed. Cir. 2006).
“2001) (concluding that judicial review of discretionary Presidential decision under 16 U.S.C. § 1826a(b)(3)(A) was not available, but considering whether the President “acted in other than good faith” or “otherwise was in violation of his duties” under the statute).”
S. Cross Seafoods, LLC v. United States, 2023 CIT 171 (Ct. Intl. Trade 2023).
· cites it 5× “at 346 (explaining that 16 U.S.C. § 1826a, which “prohibit[s] the importation” of fishing-related products, confers jurisdiction to this Court under the provision for residual jurisdiction because § 1826a lists embargo language); Earth Island, 6 F.”
Humane Soc'y of the United States v. Brown, 20 Ct. Int'l Trade 371 (Ct. Intl. Trade 1996).
· cites it 3× “ct and conclusions of law, including that the information presented gives reason in the mind of an ordinarily intelligent person to believe that Italians continue to engage in large-scale driftnet fishing in the Mediterranean Sea in defiance of the law of Italy and of the rest…”
— 16 U.S.C. § 1826a(a)(2) — 1 case
Humane Soc'y of the United States v. Clinton, 44 F. Supp. 2d 260 (Ct. Intl. Trade 1999).
“Once such an identification is made, vessels of that nation are to be denied port privileges in the United States, 16 U.S.C. § 1826a(a)(2), the President is to enter into consultations with the government of the identified country to effect an agreement that will immediately…”
— 16 U.S.C. § 1826a(a)(l) — 2 cases
Humane Soc'y of the United States v. Clinton, 44 F. Supp. 2d 260 (Ct. Intl. Trade 1999).
“Once such an identification is made, vessels of that nation are to be denied port privileges in the United States, 16 U.S.C. § 1826a(a)(2), the President is to enter into consultations with the government of the identified country to effect an agreement that will immediately…”
Humane Soc'y of the United States v. Clinton, 236 F.3d 1320 (Fed. Cir. 2001).
“The Act in section 101 (16 U.S.C. § 1826a) begins by requiring that the Secretary of Commerce, not later than 30 days after enactment, “and periodically thereafter,” publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the EEZ.”
— 16 U.S.C. § 1826a(b) — 2 cases
Humane Soc'y of the United States v. Clinton, 236 F.3d 1320 (Fed. Cir. 2001).
“The Act in section 101 (16 U.S.C. § 1826a) begins by requiring that the Secretary of Commerce, not later than 30 days after enactment, “and periodically thereafter,” publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the EEZ.”
— 16 U.S.C. § 1826a(b)(1)(A) — 1 case
S. Cross Seafoods, LLC v. United States, 2023 CIT 171 (Ct. Intl. Trade 2023).
“at 346 (explaining that 16 U.S.C. § 1826a, which “prohibit[s] the importation” of fishing-related products, confers jurisdiction to this Court under the provision for residual jurisdiction because § 1826a lists embargo language); Earth Island, 6 F.”
— 16 U.S.C. § 1826a(b)(1)(B) — 3 cases
Humane Soc. of US v. Brown, 920 F. Supp. 178 (Ct. Intl. Trade 1996).
“16 U.S.C. § 1826a. Among other statutes, this Enforcement Act amended Title 22, U.”
Humane Soc'y of the United States v. Bush, 159 F. Supp. 2d 707 (Ct. Intl. Trade 2001).
“It prevailed only on the third count, that the Secretary of Commerce had “reason to believe” that illegal driftnet fishing was occurring in Italy in violation of the High Seas Driftnet Fisheries Enforcement Act, 16 U.S.C. § 1826a(b)(1)(B) (1994) (“Driftnet Act”), and that the…”
Humane Soc'y of the United States v. Brown, 20 Ct. Int'l Trade 371 (Ct. Intl. Trade 1996).
“ct and conclusions of law, including that the information presented gives reason in the mind of an ordinarily intelligent person to believe that Italians continue to engage in large-scale driftnet fishing in the Mediterranean Sea in defiance of the law of Italy and of the rest…”
— 16 U.S.C. § 1826a(b)(2) — 2 cases
Humane Soc'y of the United States v. Clinton, 44 F. Supp. 2d 260 (Ct. Intl. Trade 1999).
“Once such an identification is made, vessels of that nation are to be denied port privileges in the United States, 16 U.S.C. § 1826a(a)(2), the President is to enter into consultations with the government of the identified country to effect an agreement that will immediately…”
Humane Soc'y of the United States v. Clinton, 236 F.3d 1320 (Fed. Cir. 2001).
“The Act in section 101 (16 U.S.C. § 1826a) begins by requiring that the Secretary of Commerce, not later than 30 days after enactment, “and periodically thereafter,” publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the EEZ.”
— 16 U.S.C. § 1826a(b)(3) — 2 cases
Humane Soc'y of the United States v. Clinton, 44 F. Supp. 2d 260 (Ct. Intl. Trade 1999).
“Once such an identification is made, vessels of that nation are to be denied port privileges in the United States, 16 U.S.C. § 1826a(a)(2), the President is to enter into consultations with the government of the identified country to effect an agreement that will immediately…”
S. Cross Seafoods, LLC v. United States, 2023 CIT 171 (Ct. Intl. Trade 2023).
“at 346 (explaining that 16 U.S.C. § 1826a, which “prohibit[s] the importation” of fishing-related products, confers jurisdiction to this Court under the provision for residual jurisdiction because § 1826a lists embargo language); Earth Island, 6 F.”
— 16 U.S.C. § 1826a(b)(3)(A) — 4 cases
Humane Soc'y of the United States v. Clinton, 44 F. Supp. 2d 260 (Ct. Intl. Trade 1999).
“Once such an identification is made, vessels of that nation are to be denied port privileges in the United States, 16 U.S.C. § 1826a(a)(2), the President is to enter into consultations with the government of the identified country to effect an agreement that will immediately…”
Turtle Island Restoration Network v. Evans, 284 F.3d 1282 (Fed. Cir. 2002).
“16 U.S.C. § 1826a(b)(3)(A) (2000) (emphasis added); and by fishing operations or other trade threatening endangered species: the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of any products from the…”
Humane Soc'y of the United States v. Clinton, 236 F.3d 1320 (Fed. Cir. 2001).
“The Act in section 101 (16 U.S.C. § 1826a) begins by requiring that the Secretary of Commerce, not later than 30 days after enactment, “and periodically thereafter,” publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the EEZ.”
Motions Sys. Corp. v. Bush, 437 F.3d 1356 (Fed. Cir. 2006).
“2001) (concluding that judicial review of discretionary Presidential decision under 16 U.S.C. § 1826a(b)(3)(A) was not available, but considering whether the President “acted in other than good faith” or “otherwise was in violation of his duties” under the statute).”
— 16 U.S.C. § 1826a(b)(3)(A)(ii) — 1 case
Humane Soc'y of the United States v. Clinton, 236 F.3d 1320 (Fed. Cir. 2001).
“The Act in section 101 (16 U.S.C. § 1826a) begins by requiring that the Secretary of Commerce, not later than 30 days after enactment, “and periodically thereafter,” publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the EEZ.”
— 16 U.S.C. § 1826a(b)(4) — 1 case
Humane Soc'y of the United States v. Clinton, 44 F. Supp. 2d 260 (Ct. Intl. Trade 1999).
“Once such an identification is made, vessels of that nation are to be denied port privileges in the United States, 16 U.S.C. § 1826a(a)(2), the President is to enter into consultations with the government of the identified country to effect an agreement that will immediately…”
— 16 U.S.C. § 1826a(b)(l) — 1 case
Humane Soc'y of the United States v. Brown, 19 Ct. Int'l Trade 1104 (Ct. Intl. Trade 1995).
“Section 101 of the act, which is codified as 16 U.S.C. § 1826a, provides: (a) Denial of port privileges (1) Publication of list Not later than 30 days after November 2,1992, and periodically thereafter, the Secretary of Commerce, in consultation *1109 with the Secretary of…”
— 16 U.S.C. § 1826a(b)(l)(A) — 3 cases
Humane Soc'y of the United States v. Brown, 19 Ct. Int'l Trade 1104 (Ct. Intl. Trade 1995).
“Section 101 of the act, which is codified as 16 U.S.C. § 1826a, provides: (a) Denial of port privileges (1) Publication of list Not later than 30 days after November 2,1992, and periodically thereafter, the Secretary of Commerce, in consultation *1109 with the Secretary of…”
Humane Soc'y of the United States v. Clinton, 44 F. Supp. 2d 260 (Ct. Intl. Trade 1999).
“Once such an identification is made, vessels of that nation are to be denied port privileges in the United States, 16 U.S.C. § 1826a(a)(2), the President is to enter into consultations with the government of the identified country to effect an agreement that will immediately…”
— 16 U.S.C. § 1826a(b)(l)(B) — 2 cases
Humane Soc'y of the United States v. Clinton, 44 F. Supp. 2d 260 (Ct. Intl. Trade 1999).
“Once such an identification is made, vessels of that nation are to be denied port privileges in the United States, 16 U.S.C. § 1826a(a)(2), the President is to enter into consultations with the government of the identified country to effect an agreement that will immediately…”
Humane Soc'y of the United States v. Clinton, 236 F.3d 1320 (Fed. Cir. 2001).
“The Act in section 101 (16 U.S.C. § 1826a) begins by requiring that the Secretary of Commerce, not later than 30 days after enactment, “and periodically thereafter,” publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the EEZ.”
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