Case Law Index Aquaculture
January 1, 1985 – May 3, 2022
This index provides a comprehensive though not necessarily complete compilation of reported and unreported federal and state court decisions involving Aquaculture that were decided between the dates listed above. The cases are listed in reverse chronological order. The “Text” link goes to the freely available Google Scholar text of the opinion. These listings are for educational purposes only, and are not a substitute for legal counsel.
SUPREME COURT
Cal. Coastal Com. v. Granite Rock Co., 480 U.S. 572 (1987) (Protection for coastal aquaculture as agency consideration factor) Text
Maine v. Taylor, 477 U.S. 131 (1986) (dispute over transportation of fish in interstate commerce) Text
FIRST CIRCUIT
U.S. Pub. Interest Research Group v. Atlantic Salmon of Maine, LLC., 339 F.3d 23 (1st Cir. 2008) (app ct. ruling in citizen suit brought by environmental organizations alleging that salmon farms released pollutants into water in violation of CWA) Text
U.S. Pub. Interest Research Group v. Atlantic Salmon of Maine, LLC, 307 F.Supp.2d 187 (D. Me. 2004) (court order for contempt for citizen suit brought by environmental organizations alleging that salmon farms released pollutants into water in violation of CWA) Text
U.S. Pub. Interest Research Group v. Atlantic Salmon of Maine, LLC., 261 F.Supp.2d 17 (D. Me. 2003) (ruling holding aquaculture operator in contempt after judgment in environmental group’s citizen suit against offshore salmon farm operator for violations of CWA) Text
U.S. Pub. Interest Research Group v. Atlantic Salmon of Maine, LLC., 273 F.Supp.2d 126 (D. Me. 2003) (motion for stay in injunction granted to environmental organizations in CWA citizen suit) Text
U.S. Pub. Interest Research Group v. Atlantic Salmon of Maine, LLC., 215 F.Supp.2d 239 (D. Me. 2002) ( judgment for environmental group in group’s citizen suit against offshore salmon farm operator for violations of CWA) Text
U.S. Pub. Interest Research Group v. Stolt Sea Farm, Inc., No. CIV.00-149-B-C, 2002 WL 240386 (D. Me. Feb. 19, 2002)(CWA citizen suit for alleged discharge of pollutants) Text
Ace Lobster Co., Inc. v. Evans, 165 F. Supp. 2d 148 (D. R.I. 2001) (dispute over lobster trap regulations) Text
U.S. Pub. Interest Research Group v. Crawford, CIV. 00-150-B-C, 2001 WL 987441 (D. Me. Aug. 28, 2001) (Clean Water Act violation by salmon farmer)
State v. Dir., U.S. Fish & Wildlife Serv., 262 F.3d 13 (1st Cir. 2001) (challenging designation of Atlantic Salmon as an endangered species under the Endangered Species Act) Text
Hy-On-A-Hill Trout Farm, Inc. v. Glickman, CIV. 00-443-JD, 2001 WL 873049 (D. N.H. July 31, 2001) (dispute over Crop Disaster Program benefits to aquaculture farmers)
Maine v. U.S. Dep’t. of Interior, 124 F. Supp. 2d 728 (D. Me. 2000) aff’d in part, vacated in part, 285 F.3d 126 (1st Cir. 2002) opinion amended and superseded sub nom. State of Maine v. U.S. Dep’t. of Interior, 298 F.3d 60 (1st Cir. 2002) and aff’d in part, vacated in part, rev’d in part sub nom. State of Maine v. U.S. Dep’t. of Interior, 298 F.3d 60 (1st Cir. 2002) (dispute over obligation to disclose information regarding a proposal to list the Atlantic salmon as a discrete population segment) Text
Associated Fisheries of Maine, Inc. v. Daley, 127 F.3d 104 (1st Cir. 1997) (claim brought by fishermen arguing adverse effects on fishing industry brought on by statute) Text
Gulf of Maine Trawlers v. United States, 674 F. Supp. 927 (D. Me. 1987) (challenging the legality of seizure and subsequent sale of fish) Text
SECOND CIRCUIT
United States v. Knauer, — 707 F.Supp.2d 379 —-, 2010 WL 1608853 (E.D.N.Y. 2010) (misdemeanor offense of harming or harassing wildlife by harvesting horseshoe crabs) Text
Fund for Animals v. Kempthorne, 538 F.3d 124 (2d Cir. 2008) (challenge to public resource depredation order on double-crested cormorant caught killing aquaculture stock) Text
Fund for Animals v. Norton, 365 F.Supp.2d 394 (S.D.N.Y. 2005) (challenge to public resource depredation order on double-crested cormorant caught killing aquaculture stock) Text
THIRD CIRCUIT
Zitter v. Petruccelli, 744 Fed.Appx.90 (3rd Cir. 2018) (oyster farmer had no cognizable interest in oysters) Text
FOURTH CIRCUIT
Hedrick v. So. States Co-op. Inc., No. 4:10-CV-12-JG, 2010 WL 3834631 (E.D. N.C. Sept. 30, 2010) (failure of tilapia fishery to provide adequate compensation to aquaculture specialist) Text
Gibbs v. Babbitt, 214 F.3d 483 (Cir. 4th, 2000) (dispute over constitutionality of Endangered Species Act in regards to natural resources) Text
N. Carolina Fisheries Ass’n, Inc. v. Daley, 16 F. Supp. 2d 647 (E.D. Va. 1997) (dispute over quota for fishermen to land summer flounder) Text
FIFTH CIRCUIT
Gulf Fishermens Ass’n v. Nat’l Marine Fisheries Serv., 968 F.3d 454 (5th Cir. 2020) (Magnuson-Stevens Fishery Conservation and Management Act did not authorize the regulation of aquaculture) Text
Gulf Fishermens Association v. Nat’l Marine Fisheries Serv., 341 F.Supp.3d 632 (E.D. La. Sept. 25, 2018) (Magnuson-Stevens Fishery Conservation and Management Act does not authorize regulation of aquaculture) Text
United States v. Winemiller, No. 4:06CR124-P-D, 2009 WL 331544 (N.D. Miss. Feb. 10, 2009) (fraudulent weights of catfish per pond) Text
First Specialty Ins. Corp. v. U.S. Aquaculture Licensing, No. 1:07CV98-SA, 2008 WL 5191668 (N.D. Miss. Dec. 10, 2008) (insurance question regarding death of catfish on third party’s property) Text
Tullous v. Texas Aquaculture Processing Co. LLC., 579 F.Supp.2d 811 (S.D.Tex. 2008) (was the catfish operation separate and independent from the farming aspect of the business?) Text
Sutton v. Advanced Aquaculture Sys., 621 F. Supp. 2d 435 (W.D. Tex. 2007) (contract dispute over installed aquaculture systems) Text
Piazza’s Seafood World, LLC v. Odom, 448 F.3d 744(5th Cir. 2006) (appellate ruling on challenge to LA’s catfish labeling law, and one that regulates the use of the word “Cajun”) Text
Piazza’s Seafood World, LLC v. Odom, No. Civ.A. 04-690, 2004 WL 2998575 (E.D. La. Dec. 23, 2004) (motion for reconsideration in challenge to LA’s catfish labeling law and one that regulates the use of the word “Cajun”) Text
Piazza’s Seafood World, LLC v. Odom, No. Civ.A. 04-690, 2004 WL 1375306 (E.D. La. June 17, 2004) (challenge to LA’s catfish labeling law and one that regulates the use of the word “Cajun”) Text
Delta Commercial Fisheries Ass’n v. Gulf of Mexico Fishery Mgmt. Council, 364 F.3d 269 (5th Cir. 2004) (appellate court ruling on dismissal for standing in action by commercial fisheries association regarding membership of regional fishery management council) Text
Delta Commercial Fisheries Ass’n v. Gulf of Mexico Fishery Mgmt. Council, 259 F.Supp.2d 511 (E.D. La. 2003) (dismissal for standing in action by commercial fisheries association regarding membership of regional fishery management council) Text
Belgard v. U.S. Dep’t of Agric., 324 F.3d 328 (5th Cir. 2003), aff’g, 185 F.Supp.2d 647 (W.D. La. 2001) (disaster assistance for losses to catfish fingerlings was reduced by normal mortality rate) Text
Belgard v. U.S. Dep’t of Agric., 185 F. Supp. 2d 647 (W.D. La. 2001) aff’d sub nom. Belgard v. U.S. Dep’t. of Agric., 324 F.3d 328 (5th Cir. 2003) (calculation of payment that catfish farmers received through the CLDAP) Text
United States v. Hinote, 823 F. Supp. 1350 (S.D. Miss. 1993) (conspiring to fix price of catfish products entailed criminal liability) Text
Matter of Bristow, 879 F.2d 151 (5th Cir. 1989) (dispute over access to leased fish ponds) Text
State of Miss., ex rel. Moore v. Marsh, 710 F. Supp. 1488 (S.D. Miss. 1989) (whether the environmental impact statement is required for river maintenance project) Text
In re Findley, 76 B.R. 547 (Bankr. N.D. Miss. 1987) (whether farm raised catfish qualifies as “crop” for security interest purpose) Text
SIXTH CIRCUIT
United States v. Defriese, 145 F.3d 1334 (6th Cir. 1998) (defrauding investors in connection with fish-farm investment)
Joint Bd. of Control of Flathead, Mission & Jocko Irr. Districts v. United States, 832 F.2d 1127 (9th Cir. 1987) (dispute over tribal fishing rights) Text
United States v. Larkins, 657 F. Supp. 76 (W.D. Ky. 1987) aff’d, 852 F.2d 189 (6th Cir. 1988) (alleged damage to aquatic environment and harm to fish and wildlife resources) Text
SEVENTH CIRCUIT
Michigan v. United States Army Corps. Of Eng’rs, 667 F.3d 765 (7th Cir. 2011) (suit against the Army Corps of Engineers who control the flow of water via canals in Michigan when invasive carp began to overpopulate the area) Text
Greenfield Mills, Inc. v. Macklin, 361 F.3d 934 (7th Cir. 2004), aff’g in part and rev’g in part, 189 F.Supp.2d 893 (N.D. Ind. 2002) (takings claim for the draining of a hatchery supply pond) Text
Barmes v. C.I.R., 12 F. App’x. 415 (7th Cir. 2001) (disallowing casualty loss deduction for the repair of a fish pond) Text
EIGHTH CIRCUIT
Petzoldt v. Glickman, 983 F. Supp. 873 (E.D. Mo. 1997) (holding that aquaculture crop was ineligible for crop insurance through Federal Crop Insurance Corporation) Text
NINTH CIRCUIT
Coal. to Protect Puget Sound Habitat v. U.S. Army Corps of Eng’rs, 843 Fed.Appx. 77 (9th Cir. 2021) (permit authorizing aquaculture discharges violated CWA) Text
Inst. for Fisheries Res. v. U.S. Food and Drug Admin., 499 F.Supp.3d 657 (N.D. Cal. Nov. 5, 2020) (approval of animal drug for genetically engineered salmon did not consider impact to wild salmon) Text
Coal. to Protect Puget Sound Habitat v. U.S. Army Corps of Eng’rs, 466 F.Supp.3d 1217 (W.D. Wash. June 11, 2020) (vacating CWA permit authorizing aquaculture discharges) Text
Coal. to Protect Puget Sound Habitat v. U.S. Army Corps of Eng’rs, 417 F.Supp.3d 1354 (W.D. Wash. Oct. 10, 2019) (insufficient evidence to show aquaculture would have minimal CWA impact) Text
Wild Fish Conservancy v. U.S. Envtl. Protection Agency, 331 F.Supp.3d 1210 (W.D. Wash. Aug. 07, 2018) (effect of salmon farming net pens within come of required consultation) Text
Olympic Forest Coal. v. Coast Seafoods Co., 884 F.3d 901 (9th Cir. 2018) (discharges from aquatic animal production facility required CWA permit) Text
Wild Fish Conservancy v. Salazar, 628 F.3d 513 (9th Cir. 2010) (whether new fish hatchery jeopardized threatened trout species & hatchery jeopardized endangered bull trout) Text
Humane Soc. of U.S. v. Locke, 626 F.3d 1040 (9th Cir. 2010) (fishery-related environmental assessments) Text
Humane Soc’y of U.S. v. Locke, No. 08-36038, 2010 WL 4723195 (9th Cir. Nov. 23, 2010) (protected killing of sea lions that threaten salmon stocks) Text
Wild Fish Conservancy v. EPA, No. C08-0156-JCC, 2010 WL 1734850 (W.D. Wash. April 28, 2010) (challenge to state regulations exempting salmon farms) Text
Wild Fish Conservancy v. Quilcene Nat’l Fish Hatchery, No. C08-5585BHS, 2009 WL 3380655 (W.D. Wash. Oct. 19, 2009) (fish hatchery under the Clean Water Act) Text
Wild Fish Conservancy v. Kempthorne, 613 F.Supp.2d 1209 (E.D. Wash. 2009) (challenging the operation of a fish hatchery) Text
United States v. Washington, No. CV 9213, 2008 WL 2474594 (W.D. Wash. June 13, 2008) (dispute over the right to harvest clams from commercial shellfish beds) Text
Ass’n to Protect Hammersley, Eld, & Totten Inlets v. Taylor Res. Inc., 299 F.3d 1007 (9th Cir. 2002) (landowners’ advocacy organization action against shellfish producer, alleging CWA violations from mussel harvesting facilities) Text
Alcala v. Dir., Office of Workers Comp. Programs, U.S. Dep’t. of Labor, 141 F.3d 942 (9th Cir. 1998) (excluding “aquaculture worker” from LHWCA coverage) Text
Gill v. LDI, 19 F. Supp. 2d 1188 (W.D. Wash. 1998) (alleged Clean Water Act violations) Text
United States v. State of Wash., 157 F.3d 630 (9th Cir. 1998) (determining the rights of Indian Tribes to shellfish) Text
Alliance against IFQs v. Brown, 84 F.3d 343 (9th Cir. 1996) (challenging federal regulations for implementing sablefish and halibut fishery management plan) Text
Bator v. Supreme Court of the State of Nev., 61 F.3d 909 (9th Cir. 1995) (dispute over permit to create an alligator farm)
Romero v. Kitsap County, 931 F.2d 624 (9th Cir. 1991) (alleged violation of tribe members’ right to gather shellfish in non-reservation areas) Text
Pyramid Lake Paiute Tribe of Indians v. U.S. Dep’t. of Navy, 898 F.2d 1410 (9th Cir. 1990) (alleged threat to the continued viability of an endangered species of fish) Text
ELEVENTH CIRCUIT
Native Village of Point Hope v. Salazar, No. 1:08-cv-0004-RRB, 2010 WL 2943120 (D. Ala. July 21, 2010) (challenge of decision to offer public lands for oil and gas leasing) Text
States Coop. v. Melick Aquafeeds, Inc., No. 7:08-cv-13 (HL), 2010 WL 1224089 (M.D. Ga. Mar. 22, 2010) (defective tilapia feed) Text
United States v. Panhandle Trading, Inc., No. 5:05cr44-RS-ALL, 2006 WL 2226291 (N.D. Fla. Aug. 3, 2006) (fraudulent marketing of foreign fish as “catfish”) Text
Conant v. United States, 786 F.2d 1008 (11th Cir. 1986) (Clean Water Act violation by fish farming ponds owner) Text
D.C. CIRCUIT
Burke v. Coggins, 521 F.Supp.3d 31 (D. D.C. Feb. 18, 2021) (requiring fisheries to be closed violated the Magnuson Act) Text
Oceana, Inc. v. Ross, No. 15-0555, 2020 WL 5995125 (D. D.C. Oct. 9, 2020) (vacating BiOp determining shrimp fisheries would not harm wildlife) Text
Gulf Restoration Network v. Nat’l Marine Fisheries Service, Nos. 09-1883 (GK), 09-1884 (GK), 2010 WL 3184327 (D. D.C. Aug. 12, 2010) (plan for Regulating Offshore Marine Aquaculture in Gulf of Mexico) Text
Natural Res. Def. Council, Inc. v. Daley, 209 F.3d 747 (D.C. Cir. 2000) (alleged failure to prevent overfishing) Text
Se. Fisheries Ass’n, Inc. v. Mosbacher, CIV. A. 86-1948 SSH, 1990 WL 304274 (D. D.C. Aug. 6, 1990) (challenging provisions of fishery management plan) Text
FEDERAL CIRCUIT
Campo v. United States, 157 Fed.Cl. 584 (Fed. Cl. Dec. 23, 2021) (oyster farmers had compensable property rights in oysters) Text
Steen v. United States, 468 F.3d 1357 (Fed. Cir. 2006) (Pacific salmon fisherman challenge to USDA denial of agricultural trade adjustment assistance benefits) Text
Earth Island Inst. v. Christopher, 20 C.I.T. 1389 (Ct. Int’l Trade 1996) vacated sub nom. Earth Island Inst. v. Albright, 147 F.3d 1352 (Fed. Cir. 1998) (dispute over embargo on shrimp harvested with technology dangerous for sea turtles) Text
Earth Island Inst. v. Christopher, 19 C.I.T. 1461 (Ct. Int’l Trade 1995) (action to compel greater enforcement of ESA provisions for protection of endangered sea turtles) Text
Tharp v. Comm’r, 57 T.C.M. 1190 (T.C. 1989) (catfish cultivators’ federal income tax returns petition) Text
Conant v. United States, 12 Cl. Ct. 689 (Cl. Ct. 1987) (dispute over construction of commercial fish pond on wetlands contiguous with navigable waters) Text
COURT OF INTERNATIONAL TRADE
Hiep Thanh Seafood Joint Stock Co. v. United States, No. 09-00270, 2010 WL 4371437 (CIT Nov. 5, 2010) (importation of Vietnamese carp) Text
Amanda Foods (Vietnam) Ltd. v. United States, No. 08-00301, 2009 WL 3124680 (Ct. Int’l Trade Sept. 29, 2009) (antidumping; valuation of shrimp) Text
Vinh Quang Fisheries Corp. v. United States, No. 08-00233, 2009 WL 2921298 (Ct. Int’l Trade Sept. 14, 2009) (valuation of unprocessed fish waste) Text
Catfish Farmers of Am. v. United States, 641 F.Supp.2d 1362 (Ct. Int’l Trade 2009) (remanding to redetermining calculation of net price) Text
Valley Fresh Seafood, Inc. v. United States, No. 06-001322007, 2007 WL 4380137 (Ct. Int’l Trade Dec. 17, 2007)(challenge to antidumping duty assessment rate determined for exporter and producer of fish filets)
Wooten v. U.S. Sec’y of Agric., 441 F.Supp.2d 1253 (Ct. Int’l Trade 2006) (action by catfish farmer to challenge determination of ineligibility for trade adjustment assistance because his operation lost less money in 2002 than in 2001) Nat’l Fisheries Inst. Inc., v. U.S. Bureau of Customs & Border Prot., 465 F.Supp.2d 1300 (Ct. Int’l Trade 2006)(preliminary injunction request in fisheries trade association action against U.S. Customs claiming improper consideration of potential antidumping and countervailing duty liability) Text
Allied Pacific Food (Dalian) Co. Ltd. v. United States, 435 F.Supp.2d 1295 (Ct. Int’l Trade 2006) (action by seafood exporters challenging less-than-fair-value determination issued by Department of Commerce) Text
Viet Do v. U.S. Sec’y of Agric., 427 F.Supp.2d 1224 (Ct. Int’l Trade 2006) (action by shrimp producers challenging denial of trade adjustment assistance) Text
An Giang Agric. & Food Imp. Exp. Co. v. United States, 350 F.Supp.2d 1162 (Ct. Int’l Trade 2004) (challenge by foreign exporter to antidumping duty determination covering frozen fish fillets from Vietnam) Text
Earth Island Institute v. Christopher, 948 F. Supp. 1062 (Ct. Int’l Trade 1996) (clarification on a statute passed by congress concerning a shrimp embargo). Text
ALABAMA
Portersville Bay Oyster Co., LLC v. Blankenship, 275 So.3d 124 (Ala. 2018) (oyster farmers stated claim against commissioner over project that harmed oyster beds) Text
Ashley’s Seining v. JMK Farms, 9 So.3d 491 (Ala. Civ. App. 2008) (breach of contract action by owner of commercial catfish farm seeking to recover payment allegedly due for the catfish seined and delivered to a processor) Text
Flying J Fish Farm v. Peoples Bank of Greensboro, 12 So.3d 1185 (Ala. Civ. App. 2008) (duty of bank in lending money to catfish farming operation) Text
Griffin Wood Co. v. Horton, 859 So.2d 1127 (Ala. Civ. App. 2002) (injured worker on catfish and cattle farm is ineligible for Workers’ Compensation) Text
Faulk v. Gold Kist, Inc., 599 So. 2d 23 (Ala. 1992) (catfish owner’s trespass action) Text
St. v. Tackett, 494 So. 2d 13 (Ala. 1986) (suit for damages caused by mud flow and fish destruction) Text
ALASKA
Vanek v. Bd. of Fisheries, 193 P.3d 283 (2008) (class action by commercial salmon fishers against state’s Board of Fisheries (BOF) that former BOF regulations constituted a taking or damaging of fisher’s property interests without just compensation) Text
Alaska Trademark Shellfish, LLC v. Dep’t of Fish & Game, 172 P.3d 764 (Alaska 2007) (appeal over the denial of an aquatic farming permit) Text
Grunert v. Alaska, 109 P.3d 924 (2005) (challenge to the Board of Fisheries regulation creating cooperative fishery and allocating quota of salmon to that fishery) Text
Alaska Trademark Shellfish, LLC v. Dep’t of Fish & Game, 91 P.3d 953 (Alaska 2004) (denial of an exclusive right to harvest wild geoduck stocks) Text
Rutter v. State, 963 P.2d 1007 (Alaska 1998) (challenging the allocation of percentage of harvestable chinook salmon) Text
Kachemak Bay Watch, Inc. v. Noah, 935 P.2d 816 (Alaska 1997) (dispute over aquatic farming permits) Text
State v. Kenaitze Indian Tribe, 894 P.2d 632 (Alaska 1995) (challenging the constitutionality of subsistence hunting and fishing statute) Text
Tongass Sport Fishing Ass’n v. State, 866 P.2d 1314 (Alaska 1994) (regulation of number of chinook salmon that may be harvested by commercial and sport fishers) Text
State v. Hebert, 803 P.2d 863 (Alaska 1990) (dispute over “superexclusive” use fisheries) Text
McDowell v. State, 785 P.2d 1 (Alaska 1989) (challenging constitutionality of fish and game preference statute) Text
Johns v. Commercial Fisheries Entry Comm’n, 758 P.2d 1256 (Alaska 1988) (dispute over regulation establishing number of permits for fishery) Text
CALIFORNIA
Center for Biological Diversity v. Dept. of Fish & Wildlife, 234 Cal. App. 4th Supp. 214, (Cal., 2015). (Mitigation efforts by the Dept. on private fish venders violated the Administrative Procedure Act (APA)) Text
Cal. State Grange v. Nat’l Marine Fisheries Serv., 620 F. Supp. 2d 1111 (E.D. Cal. 2008) (Summary judgment for irrigation districts determining that steelhead trout as a threatened species under the ESA) Text
COLORADO
Danielson v. Jones, 698 P.2d 240 (Colo. 1985) (failure to include fish culture in application for well permit) Text
CONNECTICUT
Mariculture Prods., Ltd. v. Those Certain Underwriters at Lloyd’s of London Individually Subscribing to Cert. No. 1391/911, No. CV 980163762S, 2011 WL 925439 (Conn. Super. Ct. Feb 14, 2011) (denial of insurance claim for loss of escaped salmon after hurricane damage to fishery) Text
Frillici v. Town of Westport, 264 Conn. 266 (2003) (action to enjoin town and town shellfish commission from asserting jurisdiction over certain shellfish beds located in navigable waters off shore of town) Text
Frillici v. Town of Westport, X05CV000176696S, 2001 WL 1330008 (Conn. Super. Ct. Oct. 12, 2001) aff’d, 264 Conn. 266, 823 A.2d 1172 (Conn. 2003) (dispute over the right to remove marine life from the water) Text
Dobrovich v. Hamel, 63 F. Supp. 2d 203 (Conn. 1999) (dispute over whether employee knew the ramp leading to the tank was wet and therefore guilty of negligence) Text
Frillici v. Town of Westport, 650 A.2d 557 (Conn. 1994) (dispute over jurisdiction over certain shellfish beds located in navigable waters) Text
Tallmadge Bros., Inc. v. Iroquois Gas Transmission Sys., CV92 0124088 S, 1993 WL 57597 (Conn. Super. Ct. Feb. 26, 1993) (shellfish beds lessee’ action to recover damages) Text
DELAWARE
Hagan & Blaisdell v. Delaware Anglers & Gunners Club, CIV. A. 7989, 1992 WL 82369 (Del. Ch. Apr. 22, 1992) (dispute over right to fish in the lake) Text
FLORIDA
State v. Flowers, 643 So. 2d 644 (Fla. Dist. Ct. App. 1994) cause dismissed, 648 So. 2d 722 (Fla. 1994) (challenging the constitutionality of surcharge on oysters from Apalachicola Bay) Text
State v. Leavins, 599 So. 2d 1326 (Fla. Dist. Ct. App. 1992) (challenging the constitutionality of statutes restricting oyster harvesting in Apalachicola Bay) Text
GEORGIA
Cook v. Prehistoric Ponds, Inc., 640 S.E.2d 383 (Ga. Ct. App. 2006) (alligator breeding and slaughter house not considered to be a “farm”) Text
Gill v. Prehistoric Ponds, Inc., 634 S.E.2d 769 (Ga. Ct. App. 2006) (alligator “farm” not considered to be a “farm” under the statute exempting farm laborers from the Workers’ Compensation Act) Text
Wright v. Dep’t of Natural Res., 562 S.E.2d 515 (Ga. Ct. App. 2002) (refusal to allow farmer to sell alligators) Text
Bruce v. Wallis, 556 S.E.2d 124 (Ga. 2001) (fish farmer’s nuisance action against horse breeder) Text
Columbia County v. Doolittle, 512 S.E.2d 236 (Ga. 1999) (damage to fish caused by surface water run-off) Text
Blue Ridge Mountain Fisheries, Inc. v. Dep’t of Natural Res., 456 S.E.2d 651 (Ga. Ct. App. 1995) (whether sturgeon can be qualified as “exotic fish” under state law) Text
HAWAI’I
Ohana Pale Ke Ao v. Bd. of Agric., 188 P.3d 761 (Haw. Ct. App. 2008) (citizen suit by environmental group challenging board of agriculture’s approval of permit to import genetically engineered algae) Text
Weidenbach v. Koolau Agric. Co, No. 24315, 203 P.3d 674 (Haw. Ct. App. Mar. 3, 2009) (Table) (suit against lessor for failure to support aquaculture operation) Text
IDAHO
Griffith v. Clear Lakes Trout Co., 152 P.3d 604 (Idaho 2007) (breach of contract against fish hatchery) Text
Weaver v. Millard, 819 P.2d 110 (Idaho Ct. App. 1991) (action to foreclose lien in connection with construction of fish ponds) Text
Fish Breeders of Idaho, Inc. v. Rangen, Inc., 700 P.2d 1 (Idaho 1985) (claim against supplier of chemical for treating fish disease) Text
ILLINOIS
Lyons v. State Farm Fire & Cas. Co., 811 N.E.2d 718 (Ill. App. Ct. 2004) (suit against insurance company that would not defend farmer engaged in a commercial fish operation) Text
Roketa v. Hoyer, 763 N.E.2d 417 (Ill. App. Ct. 2002) (action by owners of man-made, who were also the operators of a catfish farm, to permanently enjoin lakefront property owner from using lake for recreational purposes) Text
Tyrrell Gravel Co. v. Carradus, 619 N.E.2d 1367 (Ill. App. Ct. 1993) (dispute over property interest in fish) Text
IOWA
Kloubec v. Drahos, No. 04-0272, 699 N.W.2d 685 (Table) (Iowa Ct. App. May 25, 2005) (breach of fiduciary relationship in constructing a fish farm) Text
LOUISIANA
Phillips v. G & H Seed Co., No. 08-924, 2009 WL 50994 (La. Ct. App. Mar. 4, 2009) (class action suit by crawfish farmers against manufacturers of rice seed treatment) Text
La. Alligator Wholesale, Inc., v. Prairie Cajun Seafood Wholesale Distrib., Inc., 981 So.2d 929 (La. Ct. App. 2008) (suit to recoup losses from spoiled alligator meat) Text
Foster v. U.S. Aviation Underwriters, Inc., 981 So.2d 756 (La. Ct. App. 2008) (action by crawfish farmers against aerial pesticide sprayer and its insurer) Text
Pelts & Skins, LLC v. La. Dep’t of Wildlife & Fisheries, 938 So.2d 1047 (La. Ct. App. 2006) (constitutional challenge to tag fees on alligator skins) Text
Greenhead Gun Club, LLC v. City of Shreveport, 914 So.2d 62 (La. Ct. App. 2005) (action against city for damages sustained when city pumped wastewater onto crawfish farm) Text
Avenal v. Louisiana, 886 So.2d 1085 (La. Ct. App. 2004) (claimed unconstitutional taking of oyster leases as result of coastal restoration project) Text
LeBlanc v. Hayes, 827 So.2d 611 (La. Ct. App. 2002) (poisoning of crawfish) Text
West v. G & H Seed Co., 832 So.2d 274 (La. Ct. App. 2002) (action by crawfish farmers against insecticide manufacturer and distributors of rice seed alleging damage to their pond-grown crawfish crops) Text
Pelts & Skins Exp., Ltd. v. State ex rel. Dep’t. of Wildlife & Fisheries, 735 So. 2d 116 (La. Ct. App. 1999) writ denied, 748 So. 2d 1167 (La. 1999) and writ denied, 748 So. 2d 1168 (La. 1999) (alligator skin dealer’s action to recover damages) Text
Jurisich v. Jenkins, 722 So. 2d 1008 (La. Ct. App. 1998) writ granted, 739 So. 2d 212 (La. 1999) and rev’d, 749 So. 2d 597 (La. 1999) (oyster lease owners’ action against state wildlife and fisheries authority) Text
Paciera v. Parish of Jefferson, 685 So. 2d 333 (La. Ct. App. 1996) writ denied sub nom. Paciera v. Parrish of Jefferson, 688 So. 2d 506 (La. 1997) (dispute over permit for installation of a fish pond) Text
La. Farms v. La. Dep’t. of Wildlife & Fisheries, 685 So. 2d 1086 (La. Ct. App. 1996) (dispute over constructive seizure of alligator/catfish farm) Text
State v. Piazza, 668 So. 2d 1125 (La. 1996) (conviction of improper sale or purchase of freshwater game fish) Text
Hebert v. State Dep’t. of Wildlife & Fisheries, 656 So. 2d 23 (La. App. 1 Cir. 1995) (dispute over collection of alligator hatchlings) Text
State v. Domangue, 649 So. 2d 1034 (La. Ct. App.1994) (conviction of possession of improperly skinned alligator hides) Text
Consol. Co., Inc. v. Creole Fisheries, 616 So. 2d 268 (La. Ct. App. 1993) (dispute over issuance of writ of sequestration on catfish farm aerators) Text
Barras v. Hebert, 602 So. 2d 186 (La. Ct. App. 1992) writ denied, 605 So. 2d 1367 (La. 1992) (action against alligator farm operators in nuisance) Text
State v. Greco, 583 So. 2d 825 (La. 1991) (violation by purchasing fish from a person who did not possess required license) Text
Zapata Haynie Corp.v. Larpenter, 583 So. 2d 867, (La. Ct. App.1991) (“commercial seafood exemption” case) Text
Ferrington v. Van Sickle, 545 So. 2d 719 (La. Ct. App. 1989) (dispute over fishing permits to engage in propagation and production of carp) Text
Jurisich v. La. Dep’t. Of Wildlife & Fisheries, Seafood Div., 536 So. 2d 1302 (La. Ct. App. 1988) (action by applicants for oyster leases) Text
MAINE
Maquoit Bay, LLC v. Dep’t of Marine Res., 2022 WL 964167 (Me. 2022) (decision to grant aquaculture lease complied with requirements) Text
Marical, Inc. v. Cooke Aquaculture, 2017 U.S. Dist. LEXIS 188647 (patents on specialty feed equipment for aquaculture plant) Text
Conservation Law Found., Inc. v. LaPointe, No. Civ.A. AP-2003-21, 2004 WL 1598922 (Me. Super. Ct. June 14, 2004) (challenge to decision to grant aquaculture lease)
Cline v. Maine Coast Nordic, 728 A.2d 686 (Me. 1999) (dispute between weir license holders and holders of aquaculture lease) Text
Harding v. Comm’r of Marine Res., 510 A.2d 533 (Me. 1986) (dispute over aquaculture leases for the purpose of growing mussels) Text
MARYLAND
Hayden v. Maryland Dep’t of Natural Res., 242 Md.App.505 (Md. Ct. Spec. App. Sept. 3, 2019) (violation of personal aquaculture lease) Text
Marzullo v. Kahl, 783 A.2d 169 (Md. 2001) (definition of commercial agriculture did not include breeding reptiles) Text
Diffendal v. Dep’t of Natural Res., 222 Md. App. 387 (April 6 2015) (public trust doctrine imposed additional, extra-statutory restrictions on the grant of an aquaculture lease) Text
MASSACHUSETTS
Perry v. Conservation Comm’n of Barnstable, 844 N.E.2d 720 (Mass. App. Ct. 2006)(dismissal of complaint in case regarding construction of aquaculture business) Text
Pazolt v. Dir. of Div. of Marine Fisheries, 631 N.E.2d 547 (Mass. 1994) (action to prevent growing of shellfish on tidal lands) Text
Town of Wellfleet v. Glaze, 525 N.E.2d 1298 (Mass. 1988) (action to prevent property owner from mooring boats on “shellfish grant” area) Text
MICHIGAN
Bay Port Aquaculture Sys., Inc. v. Consumers Energy Co., No. 239262, 2003 WL 22026051 (Mich. Ct. App. Aug. 28, 2003) (action to determine whether lease term restricting flow of chemicals from power plant was effective)
Cipri v. Bellingham Frozen Foods, Inc., 596 N.W.2d 620 (Mich. Ct. App. 1999) (environmental action to recover damages to the lake aquatic life) Text
MINNESOTA
Mertins v. Comm’r of Natural Res., 755 N.W.2d 329 (Minn. Ct. App. 2008) (loss of license caused by loss of fish in a holding pond) Text
Minnesota v. Kolla, 672 N.W.2d 1 (Minn. Ct. App. 2003) (definition of statute regulating transportation of minnows) Text
Trout Unlimited, Inc. v. Minn. Dep’t. of Agric., 528 N.W.2d 903 (Minn. Ct. App. 1995) (dispute over environmental impact statement required for irrigation project bordering trout stream) Text
MONTANA
Ducham v. Tuma, 877 P.2d 1002 (Mont. 1994) overruled by Shammel v. Canyon Res. Corp., 82 P.3d 912 (Mont. 1994) (dispute over discharging of water diverted to supply trout pond) Text
Hagen v. Dow Chem. Co., 863 P.2d 413 (Mont. 1993) (fish farmers’ action against weed control district and herbicide manufacturer) Text
NEW YORK
Fingerlakes Aquaculture, LLC v. Progas Welding Supply, Inc., 825 N.Y.S.2d 559 (N.Y App. Div. 2006) (contract action for liquidated damages due to failure to supply proper oxygen storage tank) Text
United States v. Gehl, 852 F. Supp. 1150, (N.Y. Dist. Ct. 1994) (defendants distribute fish eggs across state lines, courts elevate the commerce clause in regards to natural resources.) Text
OKLAHOMA
Dunn v. State ex rel. Okla. Tax Comm’n, 862 P.2d 1285 (Okla. Civ. App. 1993) (whether sales of fish fingerlings were subject to sales tax) Text
Cook v. Okla. Bd. of Pub. Affairs, 736 P.2d 140 (alleged breach of contract to renovate a fish hatchery) Text
OREGON
Anadromous, Inc. v. Dep’t of Revenue, 11 Or. Tax 272 (Or. T.C. 1989) (property used in fish farming operations qualifies for exemption as “farm machinery and equipment”)
PENNSYLVANIA
Ely v. Susquehanna Aquacultures, Inc., 2015 PA Super 247 (2015).(Breach of contract between aquaculture operations and processor) Text
SOUTH CAROLINA
Converse Power Corp. v. S.C. Dep’t of Health & Env’t Control, 350 S.C. 39 (App. 2002) (Appeal of Board of Health and Environmental Control’s decision to deny aquaculture permit for proposed shellfish farm) Text
Edisto Aquaculture Corp. v. S. Carolina Wildlife & Marine Res. Dep’t., 426 S.E.2d 753 (S.C. 1993) (challenging shrimp import permit requirements) Text
TENNESSEE
Bean v. McWherter, 24 S.W.3d 325 (Tenn. Ct. App. 1999) (challenging constitutionality of statute regulating possession and sale of wildlife) Text
Williams v. Whitehead, 854 S.W.2d 895 (Tenn. Ct. App. 1993) (action to recover fish farm rent) Text
WASHINGTON
Wild Fish Conservancy v. Washington Dep’t of Fish and Wildlife, 198 Wash.2d 846, 502 P.3d 359 (Wash. 2022) (defendant did not need to consider alternatives to proposal before approving commercial fish farming permit) Text
Protect Zangle Cove v. Washington Dep’t of Fish and Wildlife, 17 Wash.App.2d 856 (Wash. Ct. App. June 8, 2021) (statute regulating equipment applied to shellfish farm) Text
State v. Martinez-Casillas, 2015 Wash. App. LEXIS 18 (illegal entry of an aquaculture structure without a permit) Text
Echo Bay Cmty. Ass’n v. Dep’t of Natural Res., 160 P.3d 1083 (Wash. Ct. App. 2007)(challenge to DNR authority to lease badlands only to adjacent shoreland and tideland owners) Text
Wash. Shell Fish, Inc. v. Pierce County, 131 P.3d 326 (Wash. Ct. App. 2006) (action by shellfish company planting and harvesting geoducks without shoreline permits and working in eelgrass beds without authorization) Text
Siedler v. Hayes, 131 Wash. App. 1007 (Wash. Ct. App. 2006) (appeal of decision regarding variances and conditional use permit for oyster processing facility) Text
Pierce County v. Wash. Shellfish, Inc., 126 Wash. App. 1020 (Wash. Ct. App. 2005) (appeals from a partial judgment in case involving lease agreement of tidelands) Text
Wash. State Geoduck Harvest Ass’n v. Dep’t of Natural Res., 124 Wash. App. 441 (Wash. Ct. App. 2004) (challenge to statute authorizing Department of Natural Resources (DNR) to regulate commercial geoduck harvesting) Text
Taylor United, Inc. v. Dep’t of Revenue, 114 Wash. App. 1080 (Wash. Ct. App. 2002) (appeal of excise tax assessment for shellfish producer clams and tanks for raising them)
State v. Mertens, 34 P.3d 1239 (Wash. Ct. App. 2001) rev’d, 64 P.3d 633 (Wash. 2003) (commercial fishing without a license) Text
Clam Shacks of Am., Inc. v. Skagit County, 725 P.2d 459 (Wash. Ct. App. 1986) aff’d, 743 P.2d 265 (Wash. 1987) (whether clam harvesting activity is subject to provisions of Shoreline Management Act and Shoreline Master Program) Text
WISCONSIN
County of Adams v. Romeo, 510 N.W.2d 693 (Wis. Ct. App. 1993) aff’d in part, rev’d in part, 528 N.W.2d 418 (Wis. 1995) (“fish-for-a-fee” business is not “agricultural” use of property) Text