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

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 rejected the vessel owners’ (“claimants”) arguments that the Coast Guard’s search and seizure of the vessel violated the fourth and fifth amendments.…