Eagle Eye Fishing Corporation v. United States Department of Commerce

SELYA, Circuit Judge.

The marlin’s tail, a central image in one of the little masterpieces of modern literature, 1 today finds a new habitat: we must pass upon a fine levied by the National Oceanic and Atmospheric Administration (NOAA) for possession of such a tail. In the last analysis, however, the appeal does not turn on matters of either ichthyology or literature, but on pedestrian principles of procedural default. We conclude that, on the facts of this ease, the raise-or-waive rule must be applied strictly, and, consequently, we affirm the district court’s dismissal of appellants’…