15 CFR 904.506 - Remission of forfeiture and restoration of proceeds of sale.

§ 904.506 Remission of forfeiture and restoration of proceeds of sale.
(a) Application of this section.
(1) This section establishes procedures for filing with NOAA a petition for relief from forfeitures incurred, or alleged to have been incurred, and from potential forfeiture of seized property, under any statute administered by NOAA that authorizes the remission or mitigation of forfeitures.
(2) Although NOAA may properly consider a petition for remission or mitigation of forfeiture and restoration of proceeds of sale along with other consequences of a violation, the remission or mitigation of a forfeiture and restoration of proceeds is not dispositive of any criminal charge filed, civil penalty assessed, or permit sanction proposed, unless NOAA expressly so states. Remission or mitigation of forfeiture and restoration of proceeds is in the nature of executive clemency and is granted in the sole discretion of NOAA only when consistent with the purposes of the particular statute involved and this section.
(3) If no petition is timely filed, or if the petition is denied, prior to depositing the proceeds NOAA may use the proceeds of sale to reimburse the U.S. Government for any costs that by law may be paid from such sums.
(4) If NOAA remits the forfeiture and the forfeited property has not been sold, then restoration may be conditioned upon payment of any applicable costs as defined in this subpart.
(b) Petition for relief from forfeiture.
(1) Any person claiming an interest in any property which has been or may be administratively forfeited under the provisions of this section may, at any time after seizure of the property, but no later than 90 days after the date of forfeiture, petition the Assistant General Counsel for Enforcement and Litigation, NOAA/GCEL, 8484 Georgia Avenue, Suite 400, Silver Spring, Maryland 20910, for a remission or mitigation of the forfeiture and restoration of the proceeds of such sale, or such part thereof as may be claimed by the petitioner.
(2) The petition need not be in any particular form, but must set forth the following:
(i) A description of the property seized;
(ii) The date and place of the seizure;
(iii) The petitioner's interest in the property, supported as appropriate by bills of sale, contracts, mortgages, or other satisfactory evidence;
(iv) The facts and circumstances relied upon by the petitioner to justify the remission or mitigation of forfeiture and restoration of proceeds. If the claim is made after the property is forfeited, the petitioner must provide satisfactory proof that the petitioner did not know of the seizure prior to the declaration or condemnation of forfeiture, was in such circumstances as prevented him or her from knowing of the same, and that such forfeiture was incurred without any willful negligence or intention to violate the applicable statute on the part of the petitioner; and
(v) The signature of the petitioner, his or her attorney, or other authorized agent.
(3) NOAA will not consider a petition for remission or mitigation of forfeiture and restoration of proceeds while a forfeiture proceeding is pending in Federal court. Once such a case is referred to the U.S. Department of Justice for institution of judicial proceedings, and until the proceedings are completed, any petition received by NOAA will be forwarded to the U.S. Department of Justice for consideration.
(4) A false statement in a petition will subject petitioner to prosecution under 18 U.S.C. 1001.
(c) Investigation. NOAA will investigate the facts and circumstances shown by the petition and seizure, and may in this respect appoint an investigator to examine the facts and prepare a report of investigation.
(d) Determination of petition.
(1) After investigation under paragraph (c) of this section, NOAA will make a determination on the matter and notify the petitioner. NOAA may remit or mitigate the forfeiture, on such terms and conditions as are deemed reasonable and just under the applicable statute and the circumstances.
(2) Unless NOAA determines no valid purpose would be served, NOAA will condition a determination to remit or mitigate a forfeiture upon the petitioner's submission of an agreement, in a form satisfactory to NOAA, to hold the United States and its officers or agents harmless from any and all claims based on loss of or damage to the seized property or that might result from grant of remission or mitigation and restoration of proceeds. If the petitioner is not the beneficial owner of the property, or if there are others with a proprietary interest in the property, NOAA may require the petitioner to submit such an agreement executed by the beneficial owner or other interested party. NOAA may also require that the property be promptly exported from the United States.
(e) Compliance with the determination. A determination by NOAA to remit or mitigate the forfeiture and restore the proceeds upon stated conditions, as upon payment of a specified amount, will be effective for 60 days after the date of the determination. If the petitioner does not comply with the conditions within that period in a manner prescribed by the determination, or make arrangements satisfactory to NOAA for later compliance, the remission or mitigation and restoration of proceeds will be void, and judicial or administrative forfeiture proceedings will be instituted or resumed.
(f) Appropriated property. If forfeited property that is the subject of a claim for restoration of proceeds has been appropriated for official use, retention by the U.S. Government will be regarded as a sale for the purposes of this section.

Title 15 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 15 - COMMERCE AND TRADE
U.S. Code: Title 16 - CONSERVATION

§ 773 - Definitions

§ 773a - International Pacific Halibut Commission

§ 773b - Acceptance or rejection of Commission recommendations

§ 773c - General responsibility

§ 773d - Cooperation of Federal agencies

§ 773e - Prohibited acts

§ 773f - Civil penalties

§ 773g - Crimes and criminal penalties

§ 773h - Forfeitures

§ 773i - Administration and enforcement

§ 773j - Authorization of appropriations

§ 773k - Location of office space and other facilities on or near University of Washington campus in State of Washington

§ 781 - Taking or catching, in waters of Gulf or Straits of Florida, commercial sponges of less than prescribed size, and landing or possession of same

§ 782 - Sponges of less than prescribed size; possession prima facie evidence

§ 783 - Punishment for violations of law; liability of vessels

§ 784 - Jurisdiction of prosecutions

§ 785 - Enforcement of law prohibiting taking of sponges of specified sizes; employment of Coast Guard vessels and Customs Service employees

§ 916 - Definitions

§ 916a - United States Commissioner

§ 916b - Acceptance or rejection by United States Government of regulations, etc.; acceptance of reports, recommendations, etc., of Commission

§ 916c - Unlawful acts

§ 916d - Licenses

§ 916e - Failure to keep returns, records, reports

§ 916f - Violations; fines and penalties

§ 916g - Enforcement

§ 916h - Cooperation between Federal and State and private agencies and organizations in scientific and other programs

§ 916i - Taking of whales for biological experiments

§ 916j - Allocation of responsibility for administration and enforcement

§ 916k - Regulations; submission; publication; effectiveness

16 U.S. Code § -

§ 951 - Definitions

§ 952 - Commissioners; number, appointment, and qualification

§ 953 - General Advisory Committee and Scientific Advisory Subcommittee

§ 954 - Repealed.

§ 955 - Secretary of State to act for United States

§ 956 - Inspection of returns, records, or other reports

§ 957 - Violations; fines and forfeitures; application of related laws

§ 958 - Cooperation with other agencies

§ 959 - Enforcement of chapter

§ 960 - Commissions’ functions not restrained by this chapter or State laws

§ 961 - Authorization of appropriations

§ 971 - Definitions

§ 971a - Commissioners

§ 971b - Advisory committee

16 U.S. Code § 921 to 923 - Omitted

§ 971c - Authority of Secretary of State; cooperative enforcement agreements

§ 971d - Administration

§ 971e - Violations

§ 971f - Enforcement

§ 971g - Cooperation in carrying out Convention

§ 971h - Authorization of appropriations

§ 971i - Research on Atlantic highly migratory species

§ 971j - Annual report

§ 971k - Savings clause

§ 972 - Definitions

§ 972a - United States representation on the Council

§ 972b - Secretary of State to act for United States

§ 972c - Application to other laws

§ 972d - Disposition of fees

§ 972e - Regulations

§ 972f - Prohibited acts

§ 972g - Enforcement

§ 972h - Authorization of appropriations

§ 1151 - Definitions

§ 1152 - Prohibitions

§ 1153 - Sealing permitted by Aleuts, Eskimos, and Indians

§ 1154 - Scientific research on fur seal resources; use of fur seals for educational, scientific, or exhibition purposes

§ 1155 - Authority of Secretary of Commerce

§ 1156 - Enforcement provisions

§ 1157 - North Pacific Fur Seal Commission; appointment of United States Commissioner, Deputy Commissioner, and Advisors; duties, compensation, and travel expenses

§ 1158 - Acceptance or rejection by Secretaries of State and Commerce of Commission recommendations

§ 1159 - Federal agency consultations with and technical assistance to Secretary of Commerce or Commission; reimbursement for assistance

§ 1161 - Administration of fur seal rookeries and other Federal real and personal property on Pribilof Islands

§ 1162 - Authority of Secretary to operate, maintain, and repair Government-owned property; necessary facilities, services, and equipment for Federal employees and dependents

§ 1163 - Responsibility of Alaska to meet educational needs of Pribilof Islands citizens

§ 1164 - Responsibility of Secretary of Health and Human Services to provide medical and dental care to Pribilof Islands natives

§ 1165 - Disposal of Federal property on Pribilof Islands

§ 1166 - Financial assistance

§ 1167 - Leases, permits, agreements, and contracts with public or private agencies or persons

§ 1168 - Civil service retirement benefits

§ 1169 - Regulations

§ 1169a - Annuities and survivor annuities; recomputation

§ 1169b - Use of local entities

§ 1171 - Seizure and forfeiture of vessels

§ 1172 - Practice and procedure

§ 1173 - Regulations

§ 1174 - Penalties

§ 1175 - Authorization of appropriations

§ 1361 - Congressional findings and declaration of policy

§ 1362 - Definitions

§ 1371 - Moratorium on taking and importing marine mammals and marine mammal products

§ 1372 - Prohibitions

§ 1373 - Regulations on taking of marine mammals

§ 1374 - Permits

§ 1375 - Penalties

§ 1375a - Use of fines for protection and recovery of manatees, polar bears, sea otters, and walruses

§ 1376 - Seizure and forfeiture of cargo

§ 1377 - Enforcement

§ 1378 - International program

§ 1379 - Transfer of management authority

§ 1380 - Marine mammal research grants

§ 1381 - Commercial fisheries gear development

§ 1382 - Regulations and administration

§ 1383 - Application to other treaties and conventions

§ 1383a - Interim exemption for commercial fisheries

§ 1383b - Status review; conservation plans

§ 1384 - Authorization of appropriations

§ 1385 - Dolphin protection

§ 1386 - Stock assessments

§ 1387 - Taking of marine mammals incidental to commercial fishing operations

§ 1388 - Marine mammal cooperative agreements in Alaska

§ 1389 - Pacific Coast Task Force; Gulf of Maine

§ 1401 - Establishment

§ 1402 - Duties of Commission

§ 1403 - Committee of Scientific Advisors on Marine Mammals

§ 1404 - Omitted

§ 1405 - Coordination with other Federal agencies

§ 1406 - Administration

§ 1407 - Authorization of appropriations

§ 1531 - Congressional findings and declaration of purposes and policy

§ 1532 - Definitions

§ 1533 - Determination of endangered species and threatened species

§ 1534 - Land acquisition

§ 1535 - Cooperation with States

§ 1536 - Interagency cooperation

§ 1537 - International cooperation

§ 1537a - Convention implementation

§ 1538 - Prohibited acts

§ 1539 - Exceptions

§ 1540 - Penalties and enforcement

§ 1541 - Endangered plants

§ 1542 - Authorization of appropriations

§ 1543 - Construction with Marine Mammal Protection Act of 1972

§ 1801 - Findings, purposes and policy

§ 1802 - Definitions

§ 1803 - Authorization of appropriations

§ 1811 - United States sovereign rights to fish and fishery management authority

§ 1812 - Highly migratory species

§ 1813 - Omitted

§ 1821 - Foreign fishing

§ 1822 - International fishery agreements

§ 1823 - Congressional oversight of international fishery agreements

§ 1824 - Permits for foreign fishing

§ 1825 - Import prohibitions

§ 1826 - Large-scale driftnet fishing

§ 1826a - Denial of port privileges and sanctions for high seas large-scale driftnet fishing

§ 1826b - Duration of denial of port privileges and sanctions

§ 1826c - Definitions

§ 1826d - Prohibition

§ 1826e - Negotiations

§ 1826f - Certification

§ 1826g - Enforcement

§ 1826h - Biennial report on international compliance

§ 1826i - Action to strengthen international fishery management organizations

§ 1826j - Illegal, unreported, or unregulated fishing

§ 1826k - Equivalent conservation measures

§ 1827 - Observer program regarding certain foreign fishing

§ 1827a - Prohibition on sale of billfish

§ 1828 - Foreign fishing incursions

§ 1829 - International monitoring and compliance

§ 1851 - National standards for fishery conservation and management

§ 1851 note - National standards for fishery conservation and management

§ 1852 - Regional Fishery Management Councils

§ 1853 - Contents of fishery management plans

§ 1853a - Limited access privilege programs

§ 1854 - Action by Secretary

§ 1855 - Other requirements and authority

§ 1856 - State jurisdiction

§ 1857 - Prohibited acts

§ 1858 - Civil penalties and permit sanctions

§ 1859 - Criminal offenses

§ 1860 - Civil forfeitures

§ 1861 - Enforcement

§ 1861a - Transition to sustainable fisheries

§ 1861b - Fisheries enforcement plans and reporting

§ 1862 - North Pacific fisheries conservation

§ 1863 - Northwest Atlantic Ocean Fisheries Reinvestment Program

§ 1864 - Regional coastal disaster assistance, transition, and recovery program

§ 1865 - Bycatch reduction engineering program

§ 1866 - Shark feeding

§ 1867 - Cooperative research and management program

§ 1868 - Herring study

§ 1869 - Restoration study

§ 1881 - Registration and information management

§ 1881a - Information collection

§ 1881b - Observers

§ 1881c - Fisheries research

§ 1881d - Incidental harvest research

§ 1882 - Fisheries systems research

§ 2401 - Congressional findings and declaration of purpose

§ 2402 - Definitions

§ 2403 - Prohibited acts

§ 2403a - Environmental impact assessment

§ 2404 - Permits

§ 2405 - Regulations

§ 2406 - Notification of travel to Antarctica

§ 2407 - Civil penalties

§ 2408 - Criminal offenses

§ 2409 - Enforcement

§ 2410 - Jurisdiction of district courts

§ 2411 - Federal agency cooperation

§ 2412 - Relationship to existing treaties

§ 2413 - Saving provisions

§ 2431 - Findings and purpose

§ 2432 - Definitions

§ 2433 - Representatives

§ 2434 - Conservation measures; system of observation and inspection

§ 2435 - Unlawful activities

§ 2436 - Regulations

§ 2437 - Civil penalties

§ 2438 - Criminal offenses

§ 2439 - Enforcement

§ 2440 - Jurisdiction of courts

§ 2441 - Federal agency cooperation

§ 2442 - Relationship to existing treaties and statutes

§ 2443 - Authorization of appropriations

§ 2444 - Severability

§ 2465 - Enforcement

§ 3371 - Definitions

§ 3372 - Prohibited acts

§ 3373 - Penalties and sanctions

§ 3374 - Forfeiture

§ 3375 - Enforcement

§ 3376 - Administration

§ 3377 - Exceptions

§ 3378 - Miscellaneous provisions

§ 3601 - Definitions

§ 3602 - United States representation on Council and Commissions

§ 3603 - Receipt of Organization communications by Secretary of State

§ 3604 - Regulations and reports

§ 3605 - Cooperation with other agencies and institutions

§ 3606 - Violations and penalties

§ 3607 - Enforcement

§ 3608 - Authorization of appropriations

§ 3631 - Definitions

§ 3632 - United States Section

§ 3633 - Authority and responsibility

§ 3634 - Interagency cooperation

§ 3635 - Preemption

§ 3636 - Rulemaking

§ 3637 - Prohibited acts and penalties

§ 3638 - General standard

§ 3639 - Advisory committee

§ 3640 - Administrative matters

§ 3641 - Authorization of appropriations

§ 3642 - Disposition of property of International Pacific Salmon Fisheries Commission

§ 3643 - Savings provision

§ 3644 - Restriction on spending authority

§ 4001 - Congressional findings

§ 4002 - Congressional statement of purpose

§ 4003 - Definitions

§ 4004 - Establishment of National Council

§ 4005 - Functions and duties of National Council

§ 4006 - Duties of Secretary with regard to National Council

§ 4007 - Voluntary payments

§ 4008 - Establishment of Fisheries Promotional Fund

§ 4009 - Establishment of seafood marketing councils

§ 4010 - Functions and powers of councils

§ 4011 - Functions and powers of Secretary

§ 4012 - Assessments

§ 4013 - Petitions

§ 4014 - Refunds

§ 4015 - Termination of a council

§ 4016 - Enforcement

§ 4017 - Investigations

§ 5001 - Purpose

§ 5002 - Definitions

§ 5003 - United States Commissioners

§ 5004 - Advisory Panel

§ 5005 - Commission recommendations

§ 5006 - Administration and enforcement of Convention

§ 5007 - Cooperation with other agencies

§ 5008 - Enforcement provisions

§ 5009 - Unlawful activities

§ 5010 - Penalties

§ 5011 - Funding requirements

§ 5012 - Disposition of property

§ 5103 - State-Federal cooperation in Atlantic coastal fishery management

§ 5601 - Representation of United States under Convention

§ 5602 - Requests for scientific advice

§ 5603 - Authorities of Secretary of State with respect to Convention

§ 5604 - Interagency cooperation

§ 5605 - Rulemaking

§ 5606 - Prohibited acts and penalties

§ 5607 - Consultative committee

§ 5608 - Administrative matters

§ 5609 - Definitions

§ 5610 - Authorization of appropriations

§ 5611 - Annual report

§ 5612 - Quota allocation practice

U.S. Code: Title 22 - FOREIGN RELATIONS AND INTERCOURSE
U.S. Code: Title 30 - MINERAL LANDS AND MINING
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
Public Laws