§ 1860. — Civil forfeitures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
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 sections 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.
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.
