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DOUGLAS v. SEACOAST PRODUCTS, INC.

No. 75-1255.

431 U.S. 265 (1977)

DOUGLAS, COMMISSIONER, VIRGINIA MARINE RESOURCES COMMISSION v. SEACOAST PRODUCTS, INC., ET AL.

Supreme Court of United States.

Decided May 23, 1977.

Attorney(s) appearing for the Case

James E. Moore, Assistant Attorney General of Virginia, argued the cause for appellant. With him on the briefs were Andrew P. Miller, Attorney General, and Anthony F. Troy and James E. Kulp, Deputy Attorneys General.

John J. Loflin, Jr., argued the cause for appellees. With him on the brief were Thomas H. Willcox, Jr., James C. Howell, and Franklin G. Hunt.*

Solicitor General Bork, Assistant Attorney General Taft, Deputy Solicitor General Randolph, Bruce C. Rashkow, and Ralph J. Gillis filed a brief for the United States as amicus curiae urging affirmance.

Briefs of amici curiae were filed by Richard R. Wier, Jr., Attorney General, and June D. MacArtor and Harrison F. Turner, Deputy Attorneys General, for the State of Delaware; and by Francis B. Burch, Attorney General, Henry R. Lord, Deputy Attorney General, and Warren K. Rich, Assistant Attorney General, for the State of Maryland.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

The issue in this case is the validity of two Virginia statutes that limit the right of nonresidents and aliens to catch fish in the territorial waters of the Commonwealth.

I

Persons or corporations wishing to fish commercially in Virginia must obtain licenses. Section 28.1-81.1 of the Virginia Code (§ 81.1) (Supp. 1976),1

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