[Code of Federal Regulations]

[Title 50, Volume 7]

[Revised as of October 1, 2005]

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

[CITE: 50CFR216.6]



[Page 12-13]

 

                    TITLE 50--WILDLIFE AND FISHERIES

 

  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 

           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

 

PART 216_REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS

--Table of Contents

 

                         Subpart A_Introduction

 

Sec. 216.6  Forfeiture and return of seized property.



    (a) Whenever any cargo or marine mammal or marine mammal product has 

been seized pursuant to section 107 of the MMPA, the Secretary shall 

expedite any proceedings commenced under these regulations.

    (b) Whenever a civil penalty has been assessed by the Secretary 

under these regulations, any cargo, marine mammal, or marine mammal 

product seized pursuant to section 107 of the MMPA shall be subject to 

forfeiture. If respondent voluntarily forfeits any such seized property 

or the monetary value thereof without court proceedings, the Secretary 

may apply the value thereof, if any, as determined by the Secretary, 

toward payment of the civil penalty.

    (c) Whenever a civil penalty has been assessed under these 

regulations, and whether or not such penalty has been paid, the 

Secretary may request the Attorney General to institute a civil action 

in an appropriate United States District Court to compel forfeiture of 

such seized property or the monetary value thereof to the Secretary for 

disposition by him in such manner as he deems appropriate. If no 

judicial action to compel forfeiture is commenced within 30 days after 

final decision-making assessment of a civil penalty, pursuant to Sec. 

216.60, such seized property shall immediately be returned to the 

respondent.

    (d) If the final decision of the Secretary under these regulations 

is that respondent has committed no violation of the MMPA or of any 

permit or regulations issued thereunder, any marine mammal, marine 

mammal product, or other cargo seized from respondent in connection with 

the proceedings under these regulations, or the bond or other monetary 

value substituted therefor, shall immediately be returned to the 

respondent.

    (e) If the Attorney General commences criminal proceedings pursuant 

to section 105(b) of the MMPA, and such proceedings result in a finding 

that the person accused is not guilty of a criminal violation of the 

MMPA, the Secretary may institute proceedings for the assessment of a 

civil penalty under this part: Provided, That if no such civil penalty 

proceedings have been commenced by the Secretary within 30 days 

following the final disposition of the criminal case, any property 

seized pursuant to section 107 of the MMPA shall be returned to the 

respondent.

    (f) If any seized property is to be returned to the respondent, the 

Regional Director shall issue a letter authorizing such return. This 

letter shall be dispatched to the respondent by registered mail, return 

receipt requested, and shall identify the respondent, the seized 

property, and, if appropriate, the bailee of the seized property. It 

shall also provide that upon presentation of the letter and proper 

identification, the seized property is authorized to be released. All 

charges for storage, care,



[[Page 13]]



or handling of the seized property accruing 5 days or more after the 

date of the return receipt shall be for the account of the respondent: 

Provided, That if it is the final decision of the Secretary under these 

regulations that the respondent has committed the alleged violation, all 

charges which have accrued for the storage, care, or handling of the 

seized property shall be for the account of the respondent.



[39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, 

and amended at 59 FR 50375, Oct. 3, 1994]