(1) If no claimant appears, the judge shall declare the seized shellfish, or the proceeds from the sale of the seized shellfish, forfeited to the municipality.

(2) If a person appears and claims a right to the possession of the shellfish at the time when they were seized, that claimant shall file with the court a claim in writing stating specifically the right so claimed, the foundation of the claim, the time and place of the seizure, the name of the officer by whom the shellfish were seized and that the shellfish were not possessed in violation of the shellfish conservation ordinance with the person's knowledge or consent.

(3) If a person makes a claim in accordance with this paragraph, that claimant must be admitted as a party to the process, and the court shall proceed to determine the truth of the allegations in the claim and libel and may hear any pertinent evidence offered by the libelant or claimant.

(4) If the court, upon the hearing, is satisfied that the shellfish was not possessed in violation of the shellfish conservation ordinance and that the claimant is entitled to the custody of the shellfish, the court shall direct the municipality having the shellfish or proceeds derived from the sale to deliver to the claimant the shellfish or proceeds to which the claimant is found to be entitled within 48 hours.

(5) If the court finds the claimant is not entitled to the shellfish seized, the court shall render judgment against that claimant and order the claimant to pay the libelant costs, including costs of the municipality incurred to hold and handle the shellfish, and declare the shellfish, or the proceeds from the sale of the shellfish, forfeited to the municipality.