LD 1600
pg. 66
Page 65 of 361 PUBLIC Law Chapter 414 Page 67 of 361
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LR 2121
Item 1

 
(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.

 
Property forfeited to the State under this section may be
disposed of by the commissioner in any manner considered
appropriate by the commissioner.

 
§10503.__Forfeiture of seized fish, wildlife and equipment

 
Whenever a libel has been filed pursuant to section 10502:

 
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;

 
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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