§5509 — Title 16 Conservation | U.S. Code

Summary

The United States can take a high seas fishing vessel (including its gear, furniture, supplies, and cargo) and any fish or other sea life taken or kept because of certain illegal acts in section 5505. If a citation under section 5506 is not enough, the vessel or its parts, or the sea life (or their fair market value), can be permanently taken through a civil court case. Any U.S. district court can order this if the Attorney General asks. If the court rules for the United States, the Attorney General can seize property that wasn’t already seized. Rules from the customs laws will be used for seizing, selling, or reducing such forfeitures. An officer serving a court order under section 5506(b) must either pause the order or release seized sea life. Seized sea life may be sold with court approval for at least fair market value, and the money is held by the court until the case is finished. Sea life found on board a seized vessel is presumed taken illegally, but that can be disproved with evidence.

Title 16, §5509

Conservation — Source: USLM XML via OLRC

(a)Any high seas fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any living marine resources (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 section 5505 of this title (other than an act for which the issuance of a citation under section 5506 of this title is a sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such living marine resources (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section.

(b)Any district court of the United States shall have jurisdiction, upon application of 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)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. 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;

(d)(1)Any officer authorized to serve any process in rem that is issued by a court under section 5506(b) of this title shall—

(A)stay the execution of such process; or

(B)discharge any living marine resources seized pursuant to such process;

(2)Any living marine resources seized pursuant to this chapter may be sold, subject to the approval 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)For purposes of this section, all living marine resources found on board a high seas fishing vessel and which are seized in connection with an act prohibited by section 5505 of this title are presumed to have been taken or retained in violation of this chapter, but the presumption can be rebutted by an appropriate showing of evidence to the contrary.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 120 days after Nov. 3, 1995, see section 111 of Pub. L. 104–43, set out as a note under section 5501 of this title.

§5509 Forfeitures

Summary

Title 16, §5509

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata