OPINION
FITZGERALD, District Judge.
The MARUNAKA MARU NO. 88, a Japanese high seas gill-netter, was sighted by the Coast Guard on June 10, 1981 approximately 49 miles south of Kiska Island within the Fishery Conservation Zone. On June 11, 1981, the MARUNAKA MARU was boarded and seized by the Coast Guard for alleged violations of the Fishery Conservation and Management Act of 1976 (FMCA).
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