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U.S. v. F/V ALICE AMANDA

Nos. 91-7555, 91-7575.

987 F.2d 1078 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. F/V ALICE AMANDA, with its fishing gear, furniture, appurtenances, stores and cargo, Vessel Documentation Number 943737, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. F/V ALICE AMANDA, with its fishing gear, furniture, appurtenances, stores and cargo, Vessel Documentation Number 943737, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1993.

Attorney(s) appearing for the Case

Waverley Lee Berkley, III, Jett, Berkley, Furr & Padgett, Norfolk, VA, argued, for defendant-appellant.

Jacques B. Gelin, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, argued (Barry M. Hartman, Acting Asst. Atty. Gen., Dirk D. Snel, Jean E. Williams, John A. Bryson, Environment and Natural Resources Div., U.S. Dept. of Justice, Washington, DC, Kenneth E. Melson, U.S. Atty., Susan L. Watt, Asst. U.S. Atty., Norfolk, VA, Patricia Kraniotis, Office of General Counsel, Nat. Oceanic and Atmospheric Admin., Silver Spring, MD, on brief), for plaintiff-appellee.

Before WIDENER and LUTTIG, Circuit Judges, and SHEDD, United States District Judge for the District of South Carolina, sitting by designation.

OPINION

WIDENER, Circuit Judge:

This case requires us to interpret the regulations that govern fishing for the Atlantic Sea Scallop. Between October 9, 1989 and October 12, 1989, agents of the National Marine Fisheries Service thawed, sampled and counted ten pounds of Atlantic sea scallops from the catch of the Alice Amanda. Based on the count, the agents declared the entire catch illegal and demanded the proceeds from the sale of the catch. The owner...

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