§773h — Title 16 Conservation | U.S. Code

Summary

Fishing boats, their gear, and any fish caught in connection with certain illegal acts can be taken and kept by the United States through a civil court case. A U.S. district court can order this when the Attorney General asks. The whole boat or just part of it can be taken, and the fish will be taken. If the court rules for the United States, the Attorney General can seize property that was not already held. Rules from the customs laws tell how to handle seized items, sale money, and reduced or settled forfeitures. An officer can pause or cancel a seizure or release fish. Perishable fish can be handled by court order or by rules from the responsible Secretary or the Coast Guard. Fish found on a seized boat are presumed to have been taken illegally unless proven otherwise.

Title 16, §773h

Conservation — Source: USLM XML via OLRC

(a)Any fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by section 773e of this title shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish 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 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)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 subchapter or for which security has not previously been obtained under subsection (d). 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;

(d)(1)Any officer authorized to serve any process in rem which is issued by a court having jurisdiction under section 773i(d) of this title shall—

(A)stay the execution of such process; or

(B)discharge any fish seized pursuant to such process;

(2)Any fish seized pursuant to this subchapter may be disposed of pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed by regulations of the Secretary or the Secretary of the department in which the Coast Guard is operating.

(e)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 section 773e of this title were taken or retained in violation of the Convention and this subchapter.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

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

Transfer of Functions

For

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 section 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of

November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of

November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§773h Forfeitures

Summary

Title 16, §773h

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Transfer of Functions

Transfer of Functions

Citations & Metadata