Traps, Firearms, Electrical Devices, or Vehicles; Seizure; Forfeiture Proceeding; Sale or Destruction.

(a) Any net, vessel including engines, motors and all vessel accessories, paraphernalia, including SCUBA diving equipment, spearguns, or spears, beast of burden, trap, firearm, electrical device or vehicle used for taking or transporting fish or game taken in violation of the provisions of this Article is a public nuisance. Every person authorized to make an arrest for such violation shall seize and keep such net, vessel including engines, motors and all vessel accessories, paraphernalia, including SCUBA diving equipment, spearguns, or spears, trap, firearm, electrical device or vehicle and report the seizure to the Department of Agriculture.

(b) The Department of Agriculture shall commence proceedings in the Superior Court by petitioning the court for a judgment forfeiting the items seized. Upon the filing of such petition, the clerk of court shall fix a time for a hearing and cause notices to be posted for fourteen (14) days in at least two (2) public places in the place where the court is held and in the Mayor’s Office of the village wherein the person from whom the items were seized resides, setting forth the substance of the petition and the time and place fixed for its hearing. Upon proof that the items seized were used in violation of this Article, the court shall order such items forfeited. Any article so forfeited shall be sold, used or destroyed by the Department of Agriculture. The proceeds from all such sales shall be paid into the Wildlife Conservation Fund.

SOURCE: GC § 12322 repealed/reenacted by P.L. 16-039:9 (Sept. 11,
1981). Amended by P.L. 20-185:5 (June 8, 1990) and P.L. 35-078:5 (Mar.
20, 2020).

2020 NOTE: Subsection designations added pursuant to the authority of 1
GCA § 1606.