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PAVLIK v. U.S.

No. 91-35116.

951 F.2d 220 (1991)

Rudy PAVLIK; Andy Pavlik; Thomas H. Schmidt, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 16, 1991.

Attorney(s) appearing for the Case

Meredith Watts, San Francisco, Cal., for plaintiffs-appellants.

Andrew C. Mergen, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before TANG, REINHARDT and RYMER, Circuit Judges.

TANG, Circuit Judge:

Rudy Pavlik, Andy Pavlik, and Thomas Schmidt ("the Pavliks") appeal the district court's judgment affirming civil penalties imposed by the National Oceanic and Atmospheric Administration ("NOAA") for violating the Northern Pacific Halibut Act of 1982 ("the Halibut Act"). Specifically, NOAA charged the Pavliks with possessing halibut out of season, in violation of 16 U.S.C. § 773e(a)(5). An administrative...

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