NELSON, Circuit Judge:
The claimant Arnie Kjarstad, as master of the vessel, appeals from the district court's in rem judgment assessing a $15,000 civil penalty against the fishing vessel Repulse pursuant to 16 U.S.C. § 1376(b) for the "unlawful taking of a marine mammal." Kjarstad argues that the action and the penalty are more criminal than civil in nature, and thus, the trial court erred in applying the preponderance of the evidence standard rather...
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