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U.S. v. CLARK

No. 89-30276.

912 F.2d 1087 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Richard L. CLARK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1990.

Attorney(s) appearing for the Case

Nancy Shaw, Assistant Federal Public Defender, Anchorage, Alaska, for the defendant-appellant.

M. Alice Thurston, Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for plaintiff-appellee.

Donald Craig Mitchell, Anchorage, Alaska, for amicus curiae.

Before RONEY, FARRIS, and FERNANDEZ, Circuit Judges.

FARRIS, Circuit Judge:

This case challenges the constitutionality of a section of the Marine Mammal Protection Act (16 U.S.C. § 1361, et seq.) as applied to defendant-appellant Clark. The challenge is one of vagueness: it is made against a section prohibiting the "wasteful" taking of marine mammals under a moratorium exemption allowed to Alaskan natives, 16 U.S.C. § 1371(b).

The district court had jurisdiction under 18 U.S.C. § 371 and...

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