Massachusetts § 89 - Search warrants; seizures and forfeitures

§ 89. Search warrants; seizures and forfeitures

Section 89. Fish, birds or mammals unlawfully taken or held, or any equipment, the possession or use of which is prohibited by any law relating to inland fisheries and game, may be the subject of a search warrant as provided in chapter two hundred and seventy-six. Any boat, vessel, bag, locker, package, crate, any building or other dwelling house, any motor vehicle as defined in section one of chapter ninety, or other vehicle, or anything else used to take, hold, keep, possess, transport or hold for transport fish or wildlife taken in violation of a law relating to inland fisheries and game may also be subject of a search warrant as provided in chapter two hundred and seventy-six. Persons authorized to arrest without a warrant may seize any boat, vessel, fish car, bag, box, locker, package, crate, any motor vehicle as defined in section one of chapter ninety, or other vehicle, or any other personal property used in violation of a law relating to inland fisheries and game and hold the same for forfeiture by the commonwealth. Any fish, birds, mammals, equipment, and property, as specified herein, described in such warrant, may be seized and shall be forfeited to the commonwealth; provided, however, that this section shall not apply to fish, birds, mammals, equipment, or property, as specified above, passing through the commonwealth under the authority of the laws of the United States. Such search warrants may be issued to the director of law enforcement, his deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and members of the state police in areas over which they have jurisdiction. Any fish, birds, mammals and equipment described in such warrant may be seized and shall be forfeited to the commonwealth; provided, that this section shall not apply to fish, birds, mammals or equipment passing through the commonwealth under authority of the laws of the United States. Fish, birds or mammals so seized shall be preserved whenever in the opinion of the said director, or his agent thereunto duly authorized, proper facilities therefor exist, until, in the opinion of said director, the necessity for further preservation thereof ceases, at which time said fish, birds or mammals or equipment may be disposed of by the said director for the best interest of the commonwealth. Whenever seizure, and confiscation or forfeiture is authorized by any provision of this chapter, unless another procedure is therein indicated, such seizure, confiscation or forfeiture shall be conducted in accordance with the provisions of chapter two hundred and fifty-seven.