§ 5509. — 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: 16USC5509]
TITLE 16--CONSERVATION
CHAPTER 75--HIGH SEAS FISHING COMPLIANCE
Sec. 5509. Forfeitures
(a) In general
Any high seas fishing vessel (including its fishing gear, furniture,
appurtenances, stores, and cargo) used, and any living marine resources
(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 5505 of this title (other than an act for which the issuance
of a citation under section 5506 of this title is a sufficient sanction)
shall be subject to forfeiture to the United States. All or part of such
vessel may, and all such living marine resources (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 shall have jurisdiction,
upon application of 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. 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.
(d) Procedure
(1) Any officer authorized to serve any process in rem that is
issued by a court under section 5506(b) of this title shall--
(A) stay the execution of such process; or
(B) discharge any living marine resources seized pursuant to
such process;
upon 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 delivering such property to the appropriate court upon
order thereof, without any impairment of its value, or 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.
(2) Any living marine resources seized pursuant to this chapter may
be sold, subject to the approval 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 presumption
For purposes of this section, all living marine resources found on
board a high seas fishing vessel and which are seized in connection with
an act prohibited by section 5505 of this title are presumed to have
been taken or retained in violation of this chapter, but the presumption
can be rebutted by an appropriate showing of evidence to the contrary.
(Pub. L. 104-43, title I, Sec. 110, Nov. 3, 1995, 109 Stat. 375.)
References in Text
The customs laws, referred to in subsec. (c), are classified
generally to Title 19, Customs Duties.
