1. (a) As used in this section, the following terms have the meanings specified:

   1. (1) Commercial fishing industry vessel means a fishing vessel, a fish processing vessel, or a fish tender vessel as defined in 46 U.S.C. 2101.
   2. (2) Personal use quantity means a quantity of a controlled substance as specified in 19 CFR 171.51.

2. (b) When a commercial fishing industry vessel is subject to seizure for a violation of 21 U.S.C. 881(a)(4), (6), or (7); of 19 U.S.C. 1595a(a); or of 49 U.S.C. App. 782 and the violation involves the possession of a personal use quantity of a controlled substance, the vessel shall be issued a summons to appear as prescribed in subpart F of 19 CFR part 171 in lieu of seizure, provided that the vessel is:

   1. (1) Proceeding to or from a fishing area or intermediate port of call; or
   2. (2) Actively engaged in fishing operations.

[CGD 89-003, 54 FR 37615, Sept. 11, 1989, as amended by USCG-2024-1103, 90 FR 52876, Nov. 24, 2025]