2271
Transfer of Property Forfeited under the Magnuson
Fisheries Conservation and Management Act from the Department of Justice to
the
National Oceanic and Atmospheric Administration
|
BACKGROUND: The Magnuson Fisheries Conservation and Management
Act,
(MFCMA) 16 U.S.C. §§ 1801-1882, was enacted as part of an overall
effort
to conserve and manage the fishery resources found off the coasts of the
United
States. The National Oceanic and Atmospheric Administration (NOAA), an
agency
of the Department of Commerce, is responsible for investigating violations
which
occur under the MFCMA. The Act provides that any fishing vessel used, and
any
fish taken or retained, in violation of Section 1857 of the Act, shall be
subject
to forfeiture pursuant to a civil proceeding under section 1860.
Ordinarily, the property (defined as proceeds from the sale of
perishable goods or a bond) seized for forfeiture pursuant to the MFCMA is
held
in the court registry pending the outcome of the forfeiture proceeding.
However,
under the MFCMA, a different disposition of the proceeds is possible. The
purpose of the Department's policy is to establish guidelines for litigating
and
processing MFCMA forfeitures in order to facilitate the transfer of
forfeited
assets to NOAA.
[cited in USAM 9-116.600] | |