§1860 Civil Forfeitures

Summary

The United States can take and keep any fishing vessel (and its gear, furniture, stores, cargo) and any fish used or kept in connection with breaking the rule in section 1857, except when a simple citation under section 1861(c) is enough. The government must use a civil court case to do the forfeiture. Any U.S. district court that has authority under section 1861(d) can order the forfeiture after the Attorney General asks. If the court rules for the United States, the Attorney General may seize property not already taken or secured under subsection (d). Rules from the customs laws about seizing, selling, and forgiving forfeited property apply here unless they conflict with this chapter, and the Secretary will name officers to carry out those duties instead of the Customs Commissioner. An officer serving a court process must pause a seizure or release seized fish if a person posts a satisfactory bond or other security that promises to bring the property to court in good condition or to pay its value; the court can collect on that bond from the person and any sureties if the promise is broken. The Secretary does not have to release seized fish or other property unless they choose to or a court orders it under section 1861(d). Seized fish may be sold with the court’s approval for no less than their fair market value, and the sale money must be held by the court. The law also creates three assumptions that can be challenged in court: fish found on a seized fishing vessel are presumed to have been taken illegally; migratory species found on a vessel are presumed to be from the United States if the vessel is in the species’ migratory range at the right time of year; and a vessel inside the outer boundary of the U.S. exclusive economic zone or beyond any nation’s EEZ that has gear for large-scale driftnet fishing is presumed to be fishing that way.