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(a) Forfeiture – Identified Owner. When fish or fishing gear is seized and the owner is identified, the Tribal Prosecutor shall review the case and either:

(1) Serve notice of a complaint for forfeiture or violation of this title, in accordance with Tribal Court Rules, to every person known to have an alleged interest in the property subject to forfeiture; or

(2) Authorize law enforcement officers to release, without a court order, any gear or fish seized when the prosecutor declines to prosecute a person for an alleged violation of this title.

(b) Forfeiture – Unidentified Owner. When fish or gear is seized and the owner is unknown to the enforcement officer, the enforcement officer shall post notice of the seizure in the immediate vicinity of where the fish or gear was seized. The posting of such notice shall constitute notice of forfeiture. Notice of forfeiture may also be perfected by publishing notice of the seizure in the Tribe’s periodic newsletter. The Tribal Prosecutor shall review the case and file a complaint in rem for forfeiture or violation of this title. The Tribal Prosecutor may authorize law enforcement officers to release, without a court order, any gear or fish seized.

(c) Third-Party Interests in Forfeited Property. Any person asserting a legal interest in fish or gear that is the subject of a complaint or civil action under subsection (a) or (b) of this section may, within 30 days of the initial filing in the court action, petition the Tribal Court for a hearing to adjudicate the validity of that person’s alleged interest in the property. The petitioner shall have the burden of proving by a preponderance of the evidence that the petitioner has a legal right, title, or interest in the fish or gear seized, is a bona fide purchaser for value of the right, title, or interest in the property, and is an innocent owner. Any person determined to be the owner of such fish or gear may be held liable for the violation for which the fish or gear was seized, unless the gear was reported as stolen prior to being seized.

(d) Clear Title after Forfeiture. Following the Tribal Court’s disposition of the underlying legal action, law enforcement shall have clear title to fish and gear that is forfeited. [Ord. 44 § 1808, adopted, 7/23/2015.]