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UNITED STATES v. KAIYO MARU NO. 53

Nos. 81-3273, 81-3293.

699 F.2d 989 (1983)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. KAIYO MARU NO. 53, with its fishing gear, furniture, appurtenances, stores, fish, cargo, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 22, 1983.

As Amended May 23, 1983.

Attorney(s) appearing for the Case

John H. Bradbury, Bradbury, Bliss & Riordan, Anchorage, Alaska, for defendants-appellants.

D.E. Dennis, Asst. U.S. Atty., Anchorage, Alaska, Donald A. Carr, Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Before WRIGHT, SKOPIL, and ALARCON, Circuit Judges.

SKOPIL, Circuit Judge:

INTRODUCTION

The Japanese stern trawler KAIYO MARU NO. 53 ("KAIYO") was seized for failing to log a large quantity of fish and for taking prohibited species in violation of the Fishery Conservation and Management Act ("FCMA" or "the Act"), 16 U.S.C. §§ 1821, 1857. The district court imposed a $450,000 penalty, rejecting the government's contention that the penalty must equal the vessel's full value. The district court also...

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