§1860 — Title 16 Conservation | U.S. Code

Summary

It lets the U.S. government take (forfeit) a fishing vessel, its gear, furniture, stores, cargo, and any fish (or their fair market value) when they were used in, or came from, certain illegal fishing acts — unless the offense can be handled by just issuing a citation. A U.S. district court that can hear the case may order the forfeiture after the Attorney General asks. If the court rules for the government, the Attorney General can seize the forfeited property, and the same customs rules about seizure, sale, and possible reduction or cancellation of forfeitures apply. An officer serving a court seizure order must either pause the action or release any fish already seized. Seized fish may be sold with court approval for at least fair market value, and the money is held by the court until the case is decided. The law also creates rebuttable assumptions that can be challenged: that fish found on a seized vessel were taken illegally; that certain migratory fish on board are U.S. origin when in their migratory range; and that a vessel inside or beyond the outer edge of the U.S. economic zone with large driftnet gear is engaged in such fishing.

Title 16, §1860

Conservation — Source: USLM XML via OLRC

(a)Any 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 section 1857 of this title (other than any act for which the issuance of a citation under section 1861(c) of this title 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)Any district court of the United States which has jurisdiction under section 1861(d) of this title 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 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;

(d)(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;

(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)(1)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 1857 of this title 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (c), (d)(2), and (e), was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, 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 section 1801 of this title and Tables.

Amendments

1996—Subsec. (e)(3). Pub. L. 104–297 added par. (3). 1990—Subsec. (e). Pub. L. 101–627 designated existing provisions as par. (1) and added par. (2). 1986—Subsec. (c). Pub. L. 99–659, § 109(a)(1), 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.” Subsec. (d)(1). Pub. L. 99–659, § 109(a)(2), 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 section 1861(d) of this title, to release on bond any seized fish or other property or the proceeds from the sale thereof. 1983—Subsec. (a). Pub. L. 97–453 inserted “(or the fair market value thereof)” after “fish” wherever appearing.

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.

Effective Date

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

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.

§1860 Civil Forfeitures

Summary

Title 16, §1860

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Transfer of Functions

Transfer of Functions

Citations & Metadata