--- kind: "section" citation: "46 U.S.C. § 70507" title: "46" title_heading: "Shipping" number: "70507" heading: "Forfeitures" release: "119-102" url: "https://uscodex.org/usc/46/70507" units: - "Subtitle VII — Security and Drug Enforcement" - "Chapter 705 — Maritime Drug Law Enforcement" --- # §70507. Forfeitures - (a) **In General.—** Property described in section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 881(a)](/usc/21/881.md?p=a)) that is used or intended for use to commit, or to facilitate the commission of, an offense under section [70503](/usc/46/70503.md) or [70508](/usc/46/70508.md) of this title may be seized and forfeited in the same manner that similar property may be seized and forfeited under section 511 of that Act ([21 U.S.C. 881](/usc/21/881.md)). - (b) **Prima Facie Evidence of Violation.—** Practices commonly recognized as smuggling tactics may provide prima facie evidence of intent to use a [vessel](/usc/46/115.md) to commit, or to facilitate the commission of, an offense under [section 70503 of this title](/usc/46/70503.md), and may support seizure and forfeiture of the [vessel](/usc/46/115.md), even in the absence of [controlled](/usc/46/12113.md?p=c-2) substances aboard the [vessel](/usc/46/115.md). The following indicia, among others, may be considered, in the totality of the circumstances, to be prima facie evidence that a [vessel](/usc/46/115.md) is intended to be used to commit, or to facilitate the commission of, such an offense: - (1) The construction or adaptation of the [vessel](/usc/46/115.md) in a manner that facilitates smuggling, including— - (A) the configuration of the [vessel](/usc/46/115.md) to ride low in the water or present a low hull profile to avoid being detected visually or by radar; - (B) the presence of any compartment or equipment that is built or fitted out for smuggling, not including items such as a safe or lock-box reasonably used for the storage of personal valuables; - (C) the presence of an auxiliary tank not installed in accordance with applicable law or installed in such a manner as to enhance the [vessel](/usc/46/115.md)’s smuggling capability; - (D) the presence of engines that are excessively over-powered in relation to the design and size of the [vessel](/usc/46/115.md); - (E) the presence of materials used to reduce or alter the heat or radar signature of the [vessel](/usc/46/115.md) and avoid detection; - (F) the presence of a camouflaging paint scheme, or of materials used to camouflage the [vessel](/usc/46/115.md), to avoid detection; or - (G) the display of false [vessel](/usc/46/115.md) registration numbers, false indicia of [vessel](/usc/46/115.md) nationality, false [vessel](/usc/46/115.md) name, or false [vessel](/usc/46/115.md) homeport. - (2) The presence or absence of equipment, personnel, or cargo inconsistent with the type or declared purpose of the [vessel](/usc/46/115.md). - (3) The presence of excessive fuel, lube [oil](/usc/46/12119.md?p=a-3), food, water, or spare parts, inconsistent with legitimate [vessel](/usc/46/115.md) operation, inconsistent with the construction or equipment of the [vessel](/usc/46/115.md), or inconsistent with the character of the [vessel](/usc/46/115.md)’s stated purpose. - (4) The operation of the [vessel](/usc/46/115.md) without lights during times lights are required to be displayed under applicable law or regulation and in a manner of navigation consistent with smuggling tactics used to avoid detection by law enforcement authorities. - (5) The failure of the [vessel](/usc/46/115.md) to stop or respond or heave to when hailed by government authority, especially where the [vessel](/usc/46/115.md) conducts evasive maneuvering when hailed. - (6) The declaration to government authority of apparently false information about the [vessel](/usc/46/115.md), crew, or voyage or the failure to identify the [vessel](/usc/46/115.md) by name or country of registration when requested to do so by government authority. - (7) The presence of [controlled](/usc/46/12113.md?p=c-2) substance residue on the [vessel](/usc/46/115.md), on an item aboard the [vessel](/usc/46/115.md), or on an individual aboard the [vessel](/usc/46/115.md), of a quantity or other nature that reasonably indicates manufacturing or distribution activity. - (8) The use of petroleum products or other substances on the [vessel](/usc/46/115.md) to foil the detection of [controlled](/usc/46/12113.md?p=c-2) substance residue. - (9) The presence of a [controlled](/usc/46/12113.md?p=c-2) substance in the water in the vicinity of the [vessel](/usc/46/115.md), where given the currents, weather conditions, and course and speed of the [vessel](/usc/46/115.md), the quantity or other nature is such that it reasonably indicates manufacturing or distribution activity. ## Source credit (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 114–120, title III, § 314(d), Feb. 8, 2016, 130 Stat. 59.) ## Notes | Historical and Revision Notes | | | | --- | --- | --- | | Revised
Section | Source (U.S. Code) | Source (Statutes at Large) | | 70507 | 46 App.:1904. | Pub. L. 96–350, § 4, Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, § 3202, Oct. 27, 1986, 100 Stat. 3207–97; Pub. L. 99–640, § 17, Nov. 10, 1986, 100 Stat. 3554; Pub. L. 107–295, title IV, § 418(b), Nov. 25, 2002, 116 Stat. 2123. | ### Editorial Notes ### Amendments 2016—Subsec. (a). Pub. L. 114–120 substituted “section 70503 or 70508” for “section 70503”.