
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1860]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
 
           SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
 
Sec. 1860. Civil forfeitures


(a) In general

    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) Jurisdiction of district courts

    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) of this section and any 
action provided for under subsection (d) of this section.

(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) of 
this section. 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 
Customs 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;

upon 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 
section 1861(d) of this title, 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) 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.

(Pub. L. 94-265, title III, Sec. 310, Apr. 13, 1976, 90 Stat. 357; Pub. 
L. 97-453, Sec. 12, Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99-659, title 
I, Sec. 109(a), Nov. 14, 1986, 100 Stat. 3714; Pub. L. 101-627, title I, 
Sec. 116, Nov. 28, 1990, 104 Stat. 4456; Pub. L. 104-297, title I, 
Sec. 114(d), Oct. 11, 1996, 110 Stat. 3599.)

                       References in Text

    The customs laws, referred to in subsec. (c), are classified 
generally to Title 19, Customs Duties.


                               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 and added par. (2).
    1986--Subsec. (c). Pub. L. 99-659, Sec. 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, Sec. 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.


                             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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1417, 1861, 3606, 3637, 
5103, 5106, 5154, 5158, 5606 of this title.
