§ 773h. — 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: 16USC773h]
TITLE 16--CONSERVATION
CHAPTER 10--NORTHERN PACIFIC HALIBUT FISHING
SUBCHAPTER IV--NORTHERN PACIFIC HALIBUT ACT OF 1982
Sec. 773h. Forfeitures
(a) Civil forfeiture proceeding
Any fishing vessel (including its fishing gear, furniture,
appurtenances, stores, and cargo) used, and any fish taken or retained,
in any manner, in connection with or as a result of the commission of
any act prohibited by section 773e of this title shall be subject to
forfeiture to the United States. All or part of such vessel may, and all
such fish shall, be forfeited to the United States pursuant to a civil
proceeding under this section.
(b) United States district court jurisdiction
Any district court of the United States 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) Seizure of forfeited property
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 subchapter 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 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 subchapter. The duties and powers imposed upon the Commissioner of
Customs or other persons under such provisions shall, with respect to
this subchapter, be performed by officers or other persons designated
for such purpose by the Secretary.
(d) Bond or other security; disposal of seized fish
(1) Any officer authorized to serve any process in rem which is
issued by a court having jurisdiction under section 773i(d) of this
title 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 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 fish seized pursuant to this subchapter may be disposed of
pursuant to the order of a court of competent jurisdiction or, if
perishable, in a manner prescribed by regulations of the Secretary or
the Secretary of the department in which the Coast Guard is operating.
(e) Presumption of violation
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 773e of this title were
taken or retained in violation of the Convention and this subchapter.
(Pub. L. 97-176, Sec. 10, May 17, 1982, 96 Stat. 81.)
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.
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 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.
