15 C.F.R. § 904.505

Summary sale

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(a) In view of the perishable nature of fish, any person authorized to enforce a statute administered by NOAA may, as authorized by law, sell or cause to be sold, and any person may purchase, for not less than its domestic fair market value, fish seized under such statute.

(b) Any person purchasing fish subject to this section must deliver the proceeds of the sale to a person authorized to enforce a statute administered by NOAA immediately upon request of such authorized person. Anyone who does not so deliver the proceeds may be subject to penalties under the applicable statute or statutes.

(c) NOAA will serve the Notice of the Summary Sale on the owner or consignee, if known or easily ascertainable, or to any other party that the facts of record indicate has an interest in the seized fish, unless the owner or consignee or other interested party has otherwise been personally notified. Notice will be sent either prior to the sale, or as soon thereafter as practicable.

(d) The proceeds of the sale, after deducting any reasonable costs of the sale, will be subject to any administrative or judicial proceedings in the same manner as the seized fish would have been, including an action in rem for the forfeiture of the proceeds. Pending disposition of such proceedings, the proceeds will, as appropriate, either be deposited in a NOAA suspense account or submitted to the appropriate court.

(e) Seizure and sale of fish is without prejudice to any other remedy or sanction authorized by law.

[71 FR 12448, Mar. 10, 2006, as amended at 87 FR 38942, June 30, 2022]

Notes of Decisions

Cited in 3 cases, 1987–1990 · leading case: Gulf of Maine Trawlers v. United States, 674 F. Supp. 927 (D. Me. 1987).

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Gulf of Maine Trawlers v. United States, 674 F. Supp. 927 (D. Me. 1987). · cites it 9× “15 C.F.R. § 904.505 (a), (d). 6 Plaintiffs filed Standard Form 95’s (Claim for Damage, Injury, or Death) with the National Marine Fisheries Service, Enforcement Division in Portland, on August 27, 1986, and filed complaints against the United States on August 29.”

Jensen v. United States, 743 F. Supp. 1091 (D.N.J. 1990). · cites it 2× “The notice may be combined with a notice of the sale of perishable fish under 15 C.F.R. § 904.505 . Id. § 904.501. The administrator of NOAA may, in his or her sole discretion, release any seized property upon deposit of the full value of the property or such lesser amount as…”

United States v. Proceeds of the Sale of 9,312 Lbs. of Scallops, to Wit, $31,938.84, 738 F. Supp. 598 (D. Mass. 1990). · cites it 2× “15 C.F.R. § 904.505 ("Summary Sale”). 7 .”

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