§10502. Seizure of fish, wildlife and equipment

1.__Seizure; filing libel.__All fish or wildlife hunted, trapped, fished, bought, sold, carried, transported or found in possession of any person in violation of this Part, and all equipment, including firearms, possessed or used in violation of this Part are contraband and subject to seizure by any officer authorized to enforce this Part.__Except for property exempted from libel under subsection 2, an officer making such a seizure shall file, within a reasonable time, with the court a libel against that property.__The libel must describe the property seized and the date and place of that seizure, cite the provision of law that is alleged to have been violated and request a decree of forfeiture.__The libel proceedings and disposal of property are governed by section 10503.

2.__Exemption from libel proceedings.__The following property may be lawfully seized under this section but is not subject to the libel requirements of this section:

A.__Unless reasonable doubt exists as to ownership, property having a value less than $10;

B.__Any firearm seized in connection with a violation of:

(1)__Section 11206;

(2)__Section 10902, subsection 6; or

(3)__Section 10752, subsection 6, paragraph B and section 10902, subsection 4, paragraphs A and B;

C.__Any fishing equipment that is contraband under this section and is seized in connection with a violation of section 10902, subsection 8; and

D.__Any fish or wildlife that is contraband under this section and is seized in connection with any violation of this Part.

Property seized by the commissioner that is exempt from libel under this subsection must be retained by the commissioner pending disposition of criminal proceedings and is forfeited to the State upon conviction.