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Proceedings of the International Cyanide Detection Testing Workshop

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<strong>the</strong> Lacey Act. Such legislation would allow <strong>the</strong> United States to demand more culpability on<br />

<strong>the</strong> importer and, in effect, make <strong>the</strong> trade <strong>of</strong> cyanide-caught fi sh an international violation.<br />

Unfortunately, U.S. courts are unlikely to accept any analytical procedure that does not<br />

conclusively determine both <strong>the</strong> presence <strong>of</strong> cyanide and <strong>the</strong> amount <strong>of</strong> cyanide in <strong>the</strong><br />

specimen. For example, if only trace amounts <strong>of</strong> cyanide are detected, <strong>the</strong> defense could <strong>of</strong>fer<br />

expert witness testimony that cyanide can be found as a “background” contaminant in many<br />

ocean waters <strong>of</strong> <strong>the</strong> world.<br />

38

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