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(2)__Section 10902, subsection 6; or |
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| (3)__Section 10752, subsection 6, paragraph B and | section 10902, subsection 4, paragraphs A and B; |
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| C.__Any fishing equipment that is contraband under this | section and is seized in connection with a violation of | section 10902, subsection 8; and |
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| D.__Any fish or wildlife that is contraband under this | section and is seized in connection with any violation of | this Part. |
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| 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. |
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| | Property forfeited to the State under this section may be | disposed of by the commissioner in any manner considered | appropriate by the commissioner. |
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| §10503.__Forfeiture of seized fish, wildlife and equipment |
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| | Whenever a libel has been filed pursuant to section 10502: |
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| | 1.__Notice and hearing of libel. The judge shall fix a time | for the hearing of the libel and issue a notice of the libel to | all persons interested, citing them to appear at the time and | place appointed and show cause why the fish, wildlife or | equipment possessed should not be declared forfeited.__A true and | attested copy of the libel and notice must be posted in 2 | conspicuous places in the town or place where the fish, wildlife | or equipment possessed was seized, or in such place or places as | is ordered by the court, at least 10 days before the day on which | the libel is returnable. Copies must be served on common | carriers; |
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| | 2.__Disposal and sale of fish or wildlife. If the court finds | that the fish or wildlife seized will be unsuitable for food or | other use on the day on which the libel is returnable, the court | shall order the officer making the seizure to dispose of the | seized fish or wildlife. The officer disposing of the seized fish | or wildlife shall, in case of sale, hold the proceeds of the sale | subject to order of the court for decision as to the right of the | claimant, if any appear, to the fish or wildlife. If the court | finds the claimant, if any appear, is not entitled to the fish or | wildlife, the officer making the seizure shall turn over to the | court the proceeds of the sale, and the court shall |
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