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AMPRO FISHERIES, INC. v. YASKIN

127 N.J. 602 (1992)

606 A.2d 1099

AMPRO FISHERIES, INC., RESPONDENT AND CROSS-APPELLANT, v. JUDITH YASKIN, COMMISSIONER OF ENVIRONMENTAL PROTECTION; GEORGE HOWARD, DIRECTOR, DIVISION OF FISH, GAME AND WILDLIFE; AND BRUCE FREEMAN, ADMINISTRATOR, MARINE FISHERIES ADMINISTRATION, APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 4, 1992.

Attorney(s) appearing for the Case

Rachel Horowitz, Deputy Attorney General, argued the cause for appellants and cross-respondents (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel).

Edward V. Cattell, Jr., argued the cause for respondent and cross-appellant (Clark, Ladner, Fortenbaugh & Young, attorneys).

The opinion of the Court was delivered by O'HERN, J.

This appeal primarily concerns two issues of federal law: (1) whether the interstate Compact of 1905 between New Jersey and Delaware prohibits New Jersey from unilaterally regulating the fishing of menhaden in the territorial waters of New Jersey in the Delaware Bay, and (2) whether, in any of the territorial waters of the state, the regulations at issue constitute an impermissible burden on interstate commerce...

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