[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR1.07-100]



[Page 21-22]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 1_GENERAL PROVISIONS--Table of Contents

 

    Subpart 1.07_Enforcement; Civil and Criminal Penalty Proceedings

 

Sec. 1.07-100  Summons in lieu of seizure of commercial fishing industry 

vessels.



    (a) As used in this section, the following terms have the meanings 

specified:

    (1) Commercial fishing industry vessel means a fishing vessel, a 

fish processing vessel, or a fish tender vessel as defined in 46 U.S.C. 

2101 (11a), (11b), or (11c), respectively.

    (2) Personal use quantity means a quantity of a controlled substance 

as specified in 19 CFR 171.51.

    (b) When a commercial fishing industry vessel is subject to seizure 

for a violation of 21 U.S.C. 881(a)(4), (6), or (7); of 19 U.S.C. 

1595a(a); or of 49 U.S.C. App. 782 and the violation involves the 

possession of a personal use quantity of a controlled substance, the 

vessel shall be issued a summons to appear as prescribed in subpart F of 

19 CFR part 171 in lieu of seizure, provided that the vessel is:

    (1) Proceeding to or from a fishing area or intermediate port of 

call; or



[[Page 22]]



    (2) Actively engaged in fishing operations.



[CGD 89-003, 54 FR 37615, Sept. 11, 1989]