16 U.S.C. § 1860 | Civil forfeitures

(a)

In general

section 1857 of this title section 1861(c) of this titleAny fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by (other than any act for which the issuance of a citation under is sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section.

(b)

Jurisdiction of district courts

section 1861(d) of this titleAny district court of the United States which has jurisdiction under shall have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d).

(c)

Judgment

If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this chapter or for which security has not previously been obtained under subsection (d). The provisions of the customs laws relating to—

(1)

the seizure, forfeiture, and condemnation of property for violation of the customs law;

(2)

the disposition of such property or the proceeds from the sale thereof; and

(3)

the remission or mitigation of any such forfeiture;

shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, unless such provisions are inconsistent with the purposes, policy, and provisions of this chapter. The duties and powers imposed upon the Commissioner of U.S. Customs and Border Protection or other persons under such provisions shall, with respect to this chapter, be performed by officers or other persons designated for such purpose by the Secretary.

(d)

Procedure

(1)

Any officer authorized to serve any process in rem which is issued by a court having jurisdiction under section 1861(d) shall—

(A)

stay the execution of such process; or

(B)

discharge any fish seized pursuant to such process;

section 1861(d) of this titleupon the receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be conditioned upon such person (i) delivering such property to the appropriate court upon order thereof, without any impairment of its value, or (ii) paying the monetary value of such property pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court. Nothing in this paragraph may be construed to require the Secretary, except in the Secretary’s discretion or pursuant to the order of a court under , to release on bond any seized fish or other property or the proceeds from the sale thereof.

(2)

Any fish seized pursuant to this chapter may be sold, subject to the approval and direction of the appropriate court, for not less than the fair market value thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter involved.

(e)

Rebuttable presumptions

(1)

section 1857 of this title For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel which is seized in connection with an act prohibited by were taken or retained in violation of this chapter.

(2)

For purposes of this chapter, it shall be a rebuttable presumption that any fish of a species which spawns in fresh or estuarine waters and migrates to ocean waters that is found on board a vessel is of United States origin if the vessel is within the migratory range of the species during that part of the year to which the migratory range applies.

(3)

For purposes of this chapter, it shall be a rebuttable presumption that any vessel that is shoreward of the outer boundary of the exclusive economic zone of the United States or beyond the exclusive economic zone of any nation, and that has gear on board that is capable of use for large-scale driftnet fishing, is engaged in such fishing.

Pub. L. 94–265, title III, § 310Apr. 13, 197690 Stat. 357 Pub. L. 97–453, § 12Jan. 12, 198396 Stat. 2491 Pub. L. 99–659, title I, § 109(a)Nov. 14, 1986100 Stat. 3714 Pub. L. 101–627, title I, § 116Nov. 28, 1990104 Stat. 4456 Pub. L. 104–297, title I, § 114(d)Oct. 11, 1996110 Stat. 3599 Pub. L. 114–125, title VIII, § 802(d)(2)Feb. 24, 2016130 Stat. 210(, , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 94–265Apr. 13, 197690 Stat. 331 section 1801 of this titleThis chapter, referred to in subsecs. (c), (d)(2), and (e), was in the original “this Act”, meaning , , , known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 104–2971996—Subsec. (e)(3). added par. (3).

Pub. L. 101–6271990—Subsec. (e). designated existing provisions as par. (1) and added par. (2).

Pub. L. 99–659, § 109(a)(1)1986—Subsec. (c). , amended second sentence generally. Prior to amendment, second sentence of subsec. (c) read as follows: “The provisions of the customs laws relating to—

“(1) the disposition of forfeited property,

“(2) the proceeds from the sale of forfeited property,

“(3) the remission or mitigation of forfeitures, and

“(4) the compromise of claims,

shall apply to any forfeiture ordered, and to any case in which forfeiture is alleged to be authorized, under this section, unless such provisions are inconsistent with the purposes, policy, and provisions of this chapter.”

Pub. L. 99–659, § 109(a)(2)section 1861(d) of this titleSubsec. (d)(1). , inserted provision that nothing in this paragraph may be construed to require the Secretary, except in the Secretary’s discretion or pursuant to the order of a court under , to release on bond any seized fish or other property or the proceeds from the sale thereof.

Pub. L. 97–4531983—Subsec. (a). inserted “(or the fair market value thereof)” after “fish” wherever appearing.

Statutory Notes and Related Subsidiaries

Change of Name

section 802(d)(2) of Pub. L. 114–125 section 211 of Title 6“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in concluding provisions of subsec. (c) on authority of , set out as a note under , Domestic Security.

Effective Date

Mar. 1, 1977section 312 of Pub. L. 94–265 section 1857 of this titleSection effective , see , formerly set out as a note under .

Transfer of Functions

November 25, 2002section 542 of Title 6 Pub. L. 107–296Nov. 25, 2002section 211 of Title 6 Pub. L. 114–125 section 802(b) of Pub. L. 114–125 section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .