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16 U.S.C. § 5509 — Forfeitures

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5509 — Forfeitures

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Stable record: federal_law:legal_authorities:record_usc_05ea847f7acf9705e9aa7fd9
Source file: Laws/federal/codes/united-states-code/title-16/section-5509-forfeitures--e8006a6844.md
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Source location: Title 16, Chapter 75, § 5509; chapter-075-high-seas-fishing-compliance.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim) (other than an act for which the issuance of a citation under [section 5506 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5506&num=0&edition=prelim) 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) and any action provided for under subsection (d). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5506/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5505 — Unlawful activities

It is unlawful for any person subject to the jurisdiction of the United States— (1) to use a high seas fishing vessel on the high seas in contravention of international conservation and management measures described in [section 5504(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5504/e&num=0&edition=prelim); (2) to use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim); (3) to use a high seas fishing vessel in violation of the conditions or restrictions of a permit issued under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim); (4) to falsify any information required to be reported, communicated, or recorded pursuant to this chapter or any regulation issued under this chapter, or to fail to submit in a timely fashion any required information, or to fail to report to the Secretary immediately any change in circumstances that has the effect of rendering any such information false, incomplete, or misleading; (5) to refuse to permit an authorized officer to board a high seas fishing vessel subject to such person’s control for purposes of conducting any search or inspection in connection with the enforcement of this chapter or any regulation issued under this chapter; (6) to forcibly assault, resist, oppose, impede, intimidate, or interfere with an authorized officer in the conduct of any search or inspection described in paragraph (5); (7) to resist a lawful arrest or detention for any act prohibited by this section; (8) to interfere with, delay, or prevent,

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5505

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5506 — Enforcement provisions

**(a) Duties of Secretaries** This chapter shall be enforced by the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may by agreement utilize, on a reimbursable basis or otherwise, the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, or of any State agency, in the performance of such duties. Such Secretaries shall, and the head of any Federal or State agency that has entered into an agreement with either such Secretary under this section may (if the agreement so provides), authorize officers to enforce the provisions of this chapter or any regulation or permit issued under this chapter. **(b) District court jurisdiction** The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter. In the case of Guam, and any Commonwealth, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii. **(c) Powers of enforcement officers** (1) Any officer who is authorized under subsection (a) to enforce the provisions of this chapter may— (A) with or without a warrant or other process— (i) arrest any person, if the officer has reasonable cause to believe that such person has committed an act prohibited by paragraph (6), (7), (8), or (9) of [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim); (ii) board, and search or inspect, any high seas fishing vessel; (iii)

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5501 — Purpose

It is the purpose of this chapter— (1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and (2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high seas.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5509 — Forfeitures

Page 2550 TITLE 16—CONSERVATION § 5508 nonpayment of penalty or fine) may obtain re- view thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such penalty or sanction. The Secretary shall promptly file in such court a certified copy of the record upon which such penalty or sanction was imposed, as provided in section 2112 of title 28. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substan- tial evidence, as provided in section 706(2) of title 5. (e) Collection (1) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the matter shall be referred to the Attorney General, who shall recover the amount assessed in any appropriate district court of the United States. In such action the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. (2) A high seas fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act pro- hibited by section 5505 of this title shall be lia- ble in rem for any civil penalty assessed for such violation under subsection (a) and may be pro- ceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel that may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel. (Pub. L. 104–43, title I, § 108, Nov. 3, 1995, 109 Stat. 373.) Statutory Notes and Rela

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