Mass. Gen. Laws ch. 130, sec. 12 — MA Code / Part I / Title XIX / Chapter 130 / Section 12
Seizure and forfeiture of fish unlawfully taken, boats and apparatus; sale; proceeds
Status: in_force

Section 12. All fish unlawfully taken, held, possessed or dealt with contrary to any provision of this chapter or of any rule or regulation made under authority thereof, and all boats, vehicles and apparatus used therein, may, in addition to any or all of the penalties contained therein, be seized, libelled and forfeited to the commonwealth. Whenever seizure and confiscation or forfeiture is provided by any provision of this chapter, unless another procedure is therein indicated such confiscation or forfeiture shall be according to the provisions of chapter two hundred and fifty-seven. Fish so seized except shellfish apparently taken from an area determined under section seventy-four or corresponding provisions of earlier laws to be contaminated, and except fish seized under the provisions of section eighty-nine, may be so libelled or, at the discretion of the director, be disposed of by him for the best interests of the commonwealth, or, in the alternative, be sold at private sale or public auction, and the net proceeds of such sale may be libelled in the same manner and with the same effect as if such proceeds were the property itself, unless the person named in the warrant or some person in his behalf shall before the commencement of such libel or sale request that the fish be preserved until final action is had thereon. Shellfish apparently taken from an area determined to be contaminated as aforesaid, and fish seized under the provisions of section eighty-nine, shall be disposed of by the director in such manner as will prevent the use thereof as food.

Section 12. All fish unlawfully taken, held, possessed or dealt with contrary to any provision of this chapter or of any rule or regulation made under authority thereof, and all boats, vehicles and apparatus used therein, may, in addition to any or all of the penalties contained therein, be seized, libelled and forfeited to the commonwealth.

Whenever seizure and confiscation or forfeiture is provided by any provision of this chapter, unless another procedure is therein indicated such confiscation or forfeiture shall be according to the provisions of chapter two hundred and fifty-seven. Fish so seized except shellfish apparently taken from an area determined under section seventy-four or corresponding provisions of earlier laws to be contaminated, and except fish seized under the provisions of section eighty-nine, may be so libelled or, at the discretion of the director, be disposed of by him for the best interests of the commonwealth, or, in the alternative, be sold at private sale or public auction, and the net proceeds of such sale may be libelled in the same manner and with the same effect as if such proceeds were the property itself, unless the person named in the warrant or some person in his behalf shall before the commencement of such libel or sale request that the fish be preserved until final action is had thereon. Shellfish apparently taken from an area determined to be contaminated as aforesaid, and fish seized under the provisions of section eighty-nine, shall be disposed of by the director in such manner as will prevent the use thereof as food.