United States of America, Cross-Appellee v. Kaiyo Maru No. 53, With Its Fishing Gear, Furniture, Appurtenances, Stores, Fish, Cargo, Cross-Appellants

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 rejected the vessel owners’ (“claimants”) arguments that the Coast Guard’s search and seizure of the vessel violated the fourth and fifth amendments. The government appeals the district court’s ruling on the forfeiture issue. The vessel’s owners cross-appeal, seeking review of their fourth and fifth amendment arguments.

FACTS

In the spring of 1979 the KAIYO began fishing in the waters off the remote western part of the Aleutian Islands of Alaska. It was fishing by permit in the Fishery Conservation Zone (“FCZ”), the 197 mile-wide band of ocean beyond the territorial waters of the states in which federal fisheries management jurisdiction prevails. Early on June 2, the vessel changed from its assigned fishing area to another area which was available to it upon…