United States v. Howard

Background

A woman who sold fish, doing business as a local fish company, was charged by the federal government under the Black Bass Act for delivering fresh-water fish for transport out of Florida in violation of Florida rules. The specific rule she was accused of breaking was Rule 14.01 of the Florida Game and Fresh Water Fish Commission, and Florida law makes breaking a commission rule a misdemeanor. The federal trial court quashed the criminal charge, saying the commission’s rules were not the "law of" Florida for purposes of the federal statute.

Reasoning

The Court considered whether a state agency regulation, adopted under a state constitutional amendment and state statutes, counts as the State’s law under the Black Bass Act. The Court noted that the Florida Constitution and statutes give the Game Commission authority to set seasons, bag limits, and rules about taking and transporting fish, and that the legislature made violation of those rules a crime. The Court found it reasonable to read the Black Bass Act to reach such state regulations, relying on past statements that agency orders can be treated as state law and on legislative history showing Congress intended federal help enforcing state game rules. The Court therefore reversed the lower court’s order.

Real world impact

The decision means federal authorities can enforce the Black Bass Act against people who transport fish across state lines in violation of valid state commission rules. It upholds the practical effect of state fish rules by allowing federal prosecution at state borders. This case was reversed and sent back for further proceedings consistent with the opinion.