Legal Question in Business Law in Maine

commerce clause

Taylor owned a bait business in Maine and arranged to have live baitfish imported into the state. The importation of the baitfish violated a Maine statute. Taylor was indicted under a federal statute that makes it a federal crime to transport fish in interstate commerce in violation of state law. Taylor moved to dismiss the indictment on the ground that the Maine statute unconstitutionally burdened interstate commerce. Maine intervened to defend the validity of its statute, arguing the law legitimately protected the state��s fisheries from parasites and nonnative species that might be included in shipments of live baitfish. Were Maine��s interests in protecting its fisheries form parasites and nonnative species sufficient to justify the burden placed on interstate commerce by the Maine statute?


Asked on 7/24/02, 5:59 pm

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: commerce clause

Thank you for your question. A quick review of Maine's statutes finds that it does not prohibit the import of baitfish totally but limits import to certain species and with a requirement that the party be licensed by the state. If the prosecution is for failure to have a license then the interstate commerce issue does not apply. If the argument is truly that the state's regulatory laws respecting the import of non-approved baitfish burdens interstate commerce then the following case can explain much better than I what issues are involved and how a court will examine them. caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/449/456

If this does not work go to Findlaw.com and search under U.S. Supreme court for Minnesota v. Clover Leaf Creamery Co. 449 U.S. 456 (1981)

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Answered on 7/25/02, 2:20 pm


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