15 CFR 904.509 - Disposal of forfeited property.

§ 904.509 Disposal of forfeited property.
(a) Delivery to Administrator. Upon forfeiture of any fish, wildlife, parts or products thereof, or other property to the United States, including the abandonment or waiver of any claim to any such property, it will be delivered to NOAA for storage or disposal according to the provisions of this section.
(b) Disposal. Disposal may be accomplished by one of the following means unless the property is the subject of a petition for remission or mitigation of forfeiture or disposed of by court order:
(1) Return to the wild;
(2) Use by NOAA or transfer to another government agency for official use;
(3) Donation or loan;
(4) Sale; or
(5) Destruction.
(c) Purposes of disposal. Disposal procedures may be used to alleviate overcrowding of evidence storage facilities; to avoid the accumulation of seized property where disposal is not otherwise accomplished by court order; to address the needs of governmental agencies and other institutions and organizations for such property for scientific, educational, and public display purposes; and for other valid reasons. In no case will property be used for personal purposes, either by loan recipients or government personnel.
(d) Disposal of evidence. Property that is evidence may be disposed of only after authorization by the NOAA Office of General Counsel. Disposal approval usually will not be given until the case involving the evidence is closed, except that perishable property may be authorized for disposal sooner.
(e) Loans—
(1) To institutions. Property approved for disposal may be loaned to institutions or organizations requesting such property for scientific, educational, or public display purposes. Property will be loaned only after execution of a loan agreement which provides, among other things, that the loaned property will be used only for noncommercial scientific, educational, or public display purposes, and that it will remain the property of the U.S. Government, which may demand its return at any time. Parties requesting the loan of property must demonstrate the ability to provide adequate care and security for the property. Loans may be made to responsible agencies of foreign governments in accordance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
(2) To individuals. Property generally will not be loaned to individuals not affiliated with an institution or organization unless it is clear that the property will be used in a noncommercial manner, and for scientific, educational, or public display purposes which are in the public interest.
(3) Selection of loan recipients. Recipients of property will be chosen so as to assure a wide distribution of the property throughout the scientific, educational, public display and museum communities. Other branches of NMFS, NOAA, the Department of Commerce, and other governmental agencies will have the right of first refusal of any property offered for disposal. The Administrator may solicit applications, by publication of a notice in the Federal Register, from qualified persons, institutions, and organizations who are interested in obtaining the property being offered. Such notice will contain a statement as to the availability of specific property for which transferees are being sought, and instructions on how and where to make application. Applications will be granted in the following order: other offices of NMFS, NOAA, and the Department of Commerce; U.S. Fish and Wildlife Service; other Federal agencies; other governmental agencies; scientific, educational, or other public or private institutions; and private individuals.
(4) Loan agreement. Property will be transferred under a loan agreement executed by the Administrator and the borrower. Any attempt on the part of the borrower to retransfer property, even to another institution for related purposes, will violate and invalidate the loan agreement, and entitle the United States to immediate repossession of the property, unless the prior approval of the Administrator has been obtained under § 904.510(d)(5). Violation of the loan agreement may also subject the violator to the civil penalties provided by the laws governing possession and transfer of the property.
(5) Temporary reloans; documents to accompany property. Temporary reloans by the borrower to another qualified borrower (as for temporary exhibition) may be made if the Administrator is advised in advance by the borrowers. Temporary loans for more than thirty days must be approved in advance in writing by the Administrator. A copy of the original loan agreement, and a copy of the written approval for reloan, if any, must accompany the property whenever it is temporarily reloaned or is shipped or transported across state or international boundaries.
(f) Sale.
(1) Any fish, wildlife, parts or products thereof, and other property which has been voluntarily forfeited by abandonment to NOAA may be sold or offered for sale, with the exception of any species or property which is otherwise prohibited from being sold at the time it is to be sold or offered for sale.
(2) Property will be sold in accordance with current Federal Property Management Regulations (41 CFR chapter 101) or U.S. Customs laws and regulations, except that NOAA may:
(i) Sell at fair market value perishable fish pursuant to the summary sales provisions of 15 CFR 904.505; and
(ii) Sell, destroy, or otherwise dispose of property for which it is determined the expense of keeping it is disproportionate to the value thereof.
(3) The proceeds of sale may be used to reimburse NOAA for any costs which by law NOAA is authorized to recover or to pay any rewards which by law may be paid from sums that NOAA receives.
(g) Destruction.
(1) Property not otherwise disposed of may be destroyed.
(2) Destruction will be accomplished in accordance with the requirements of 41 CFR parts 101 through 145.
(3) When destroyed, the fact, manner, and date of destruction and the type and quantity destroyed must be certified by the official actually destroying the property.
(4) No duly authorized officer of NOAA shall be liable for the destruction or other disposition of property made pursuant to this section.
(h) Recordkeeping. A disposal form will be completed each time property is disposed of pursuant to the policy and procedure established herein, and will be retained in the case file for the property. These forms will be available to the public.

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