I

103D CONGRESS

2D SESSION H. R. 4760

To implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High

Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993.

IN THE HOUSE OF REPRESENTATIVES

JULY 14, 1994

Mr. STUDDS (for himself and Mr. MANTON) (both by request) introduced the

following bill; which was referred to the Committee on Merchant Marine

and Fisheries

A BILL

To implement the Agreement to Promote Compliance with

International Conservation and Management Measures

by Fishing Vessels on the High Seas, adopted by the

Conference of the Food and Agriculture Organization

of the United Nations on November 24, 1993.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘High Seas Fisheries

5 Licensing Act of 1994’’.

6 SEC. 2. PURPOSE.

7 It is the purpose of this Act—
2

HR 4760 IH

1 (1) to implement the Agreement to Promote

2 Compliance with International Conservation and

3 Management Measures by Fishing Vessels on the

4 High Seas, adopted by the Conference of the Food

5 and Agriculture Organization of the United Nations

6 on November 24, 1993; and

7 (2) to establish a system of licensing, reporting,

8 and regulation for vessels of the United States fish9 ing on the high seas.

10 SEC. 3. DEFINITIONS.

11 As used in this Act, the term—

12 (1) ‘‘Agreement’’ means the Agreement to Pro13 mote Compliance with International Conservation

14 and Management Measures by Fishing Vessels on

15 the High Seas, adopted by the Conference of the

16 Food and Agriculture Organization of the United

17 Nations on November 24, 1993;

18 (2) ‘‘FAO’’ means the Food and Agriculture

19 Organization of the United Nations;

20 (3) ‘‘high seas’’ means the waters beyond the

21 territorial sea or exclusive economic zone (or the

22 equivalent) of any nation, to the extent that such

23 territorial sea or exclusive economic zone (or the

24 equivalent) is recognized by the United States;
3

HR 4760 IH

1 (4) ‘‘high seas fishing vessel’’ means any vessel

2 of the United States used or intended for use—

3 (A) on the high seas;

4 (B) for the purpose of the commercial ex5 ploitation of living marine resources; and

6 (C) as a harvesting vessel, as a mother

7 ship, or as any other support vessel directly en8 gaged in a fishing operation;

9 (5) ‘‘international conservation and manage10 ment measures’’ means measures to conserve or

11 manage one or more species of living marine re12 sources that are adopted and applied in accordance

13 with the relevant rules of international law as re14 flected in the 1982 United Nations Convention on

15 the Law of the Sea—such measures may be adopted

16 either by global, regional, or subregional fisheries or17 ganizations, subject to the rights and obligations of

18 their members, or by treaties or other international

19 agreements;

20 (6) ‘‘length’’ means—

21 (A) for any fishing vessel built after July

22 18, 1982, 96 percent of the total length on a

23 waterline at 85 percent of the least molded

24 depth measured from the top of the keel, or the

25 length from the foreside of the stem to the axis
4

HR 4760 IH

1 of the rudder stock on that waterline, if that be

2 greater. In ships designed with a rake of keel

3 the waterline on which this length is measured

4 shall be parallel to the designed waterline; and

5 (B) for any fishing vessel built before July

6 18, 1982, registered length as entered on the

7 vessel’s documentation;

8 (7) ‘‘person’’ means any individual (whether or

9 not a citizen of or national of the United States),

10 any corporation, partnership, association, or other

11 entity (whether or not organized or existing under

12 the laws of any State), and any Federal, State, local,

13 or foreign government or any entity of any such gov14 ernment;

15 (8) ‘‘Secretary’’ means the Secretary of Com16 merce or a designee;

17 (9) ‘‘vessel of the United States’’ means—

18 (A) a vessel documented under chapter

19 121 of title 46 or numbered in accordance with

20 chapter 123 of title 46;

21 (B) a vessel owned in whole or part by—

22 (i) the United States or a territory,

23 commonwealth, or possession of the United

24 States;
5

HR 4760 IH

1 (ii) a State or political subdivision

2 thereof;

3 (iii) a citizen or national of the United

4 States; or

5 (iv) a corporation created under the

6 laws of the United States or any State, the

7 District of Columbia, or any territory,

8 commonwealth, or possession of the United

9 States; unless the vessel has been granted

10 the nationality of a foreign nation in ac11 cordance with article 92 of the 1982 Unit12 ed Nations Convention on the Law of the

13 Sea and a claim of nationality or registry

14 for the vessel is made by the master or in15 dividual in charge at the time of the en16 forcement action by an officer or employee

17 of the United States authorized to enforce

18 applicable provisions of the United States

19 law; and

20 (v) a vessel that was once documented

21 under the laws of the United States and,

22 in violation of the laws of the United

23 States, was either sold to a person not a

24 citizen of the United States or placed

25 under foreign registry or a foreign flag,
6

HR 4760 IH

1 whether or not the vessel has been granted

2 the nationality of a foreign nation; and

3 (10) ‘‘vessel subject to the jurisdiction of the

4 United States’’ and ‘‘vessel without nationality’’

5 have the same meaning as in 46 U.S.C. App.

6 1903(c).

7 SEC. 4. LICENSING.

8 (a) GENERAL.—No high seas fishing vessel shall en9 gage in harvesting operations on the high seas, unless the

10 vessel has on board a valid license issued under this sec11 tion.

12 (b) ELIGIBILITY.—(1) Any vessel of the United

13 States is eligible to receive a license under this section,

14 unless the vessel was previously authorized to be used for

15 fishing on the high seas by a foreign nation, and

16 (A) the foreign nation suspended such author17 ization because the vessel undermined the effective18 ness of international conservation and management

19 measures, which suspension has not expired; or

20 (B) the foreign nation, within the last three

21 years preceding application for a license under this

22 section, withdrew such authorization because the

23 vessel undermined the effectiveness of international

24 conservation and management measures.
7

HR 4760 IH

1 (2) The restriction in paragraph (1) does not apply

2 where ownership of the vessel has changed since the vessel

3 undermined the effectiveness of international conservation

4 and management measures, and the new owner has pro5 vided sufficient evidence to the Secretary demonstrating

6 that the previous owner or operator has no further legal,

7 beneficial, or financial interest in, or control of, the vessel.

8 (3) The restriction in paragraph (1) does not apply

9 where the Secretary makes a determination that issuing

10 a license would not subvert the purposes of the Agreement.

11 (4) The Secretary will not issue a license to a vessel

12 unless he or she is satisfied that the United States will

13 be able to exercise effectively its responsibilities under the

14 Agreement with respect to that vessel.

15 (c) APPLICATION.—(1) The owner or operator of a

16 high seas fishing vessel may apply for a license under this

17 section by completing an application form prescribed by

18 the Secretary.

19 (2) The application form shall contain—

20 (A) the vessel’s name, previous names (if

21 known), official numbers, and port of record;

22 (B) previous flag (if any);

23 (C) international radio call sign (if any);

24 (D) names and addresses of owners and opera25 tors;
8

HR 4760 IH

1 (E) where and when built;

2 (F) type of vessel;

3 (G) length; and

4 (H) any other information the Secretary re5 quires.

6 (d) CONDITIONS.—The Secretary shall establish such

7 conditions and restrictions on each license issued under

8 this section as are necessary and appropriate to carry out

9 the obligations of the United States under the Agreement,

10 including but not limited to the following:

11 (1) The vessel shall be marked in accordance

12 with the FAO Standard Specifications for the Mark13 ing and Identification of Fishing Vessels, or with

14 regulations issued under section 1885 of title 16,

15 United States Code;

16 (2) The license holder shall report such infor17 mation as the Secretary by regulation requires, in18 cluding area of fishing operations and catch statis19 tics. The Secretary shall promulgate regulations con20 cerning conditions under which information submit21 ted under this subsection may be released.

22 (e) FEES.—(1) The Secretary may by regulation es23 tablish the level of fees to be charged for licenses issued

24 under this section. The licensing fee shall be in addition
9

HR 4760 IH

1 to any fee required under any regional licensing regime

2 applicable to high seas fishing vessels.

3 (2) The fees authorized in subsection (e)(1) shall be

4 collected, credited to the Operations, Research and Facili5 ties appropriation, and available until expended for the

6 purpose of implementing this Act, only to the extent and

7 in the amounts provided in advance in appropriations

8 Acts.

9 (f) DURATION.—A license issued under this section

10 is valid for the period specified in regulations issued under

11 section 5(d). A license issued under this section is void

12 in the event the vessel is no longer eligible for United

13 States documentation, such documentation is revoked or

14 denied, or the vessel is deleted from such documentation.

15 SEC. 5. RESPONSIBILITIES OF THE SECRETARY

16 (a) RECORD.—The Secretary shall maintain an auto17 mated file or record of high seas fishing vessels issued li18 censes under section 4, including all information submit19 ted under section 4(c)(2).

20 (b) INFORMATION TO FAO.—The Secretary, in co21 operation with the Secretaries of State and Transpor22 tation, shall—

23 (1) make available to FAO information con24 tained in the record maintained under paragraph

25 (a);
10

HR 4760 IH

1 (2) promptly notify FAO of changes in such in2 formation;

3 (3) promptly notify FAO of additions to or de4 letions from the record, and the reason for any dele5 tion;

6 (4) convey to FAO information relating to any

7 license granted under section 4(b)(3), including the

8 vessel’s identity, owner or operator, and factors rel9 evant to the Secretary’s determination to issue the

10 license;

11 (5) report promptly to FAO all relevant infor12 mation regarding any activities of high seas fishing

13 vessels that undermine the effectiveness of inter14 national conservation and management measures, in15 cluding the identity of the vessels and sanctions im16 posed; and

17 (6) provide the FAO a summary of evidence re18 garding any activities of foreign vessels that under19 mine the effectiveness of international conservation

20 and management measures.

21 (c) INFORMATION TO FLAG STATES.—The Secretary,

22 in cooperation with the Secretary of State and the Sec23 retary of Transportation, shall, where he or she has rea24 sonable grounds to believe that a foreign fishing vessel has
11

HR 4760 IH

1 engaged in activities undermining the effectiveness of

2 international conservation and management measures—

3 (1) provide to the flag State information, in4 cluding appropriate evidentiary material, relating to

5 those activities; and

6 (2) when such foreign fishing vessel is volun7 tarily in a United States port, the Secretary shall

8 promptly notify the flag State. If requested by the

9 flag State, the Secretary shall make arrangements to

10 undertake such lawful investigatory measures as

11 may be considered necessary to establish whether

12 the fishing vessel has been used contrary to the pro13 visions of the Agreement.

14 (d) REGULATIONS.—The Secretary, after consulta15 tion with the Secretary of State and the Secretary of

16 Transportation, may promulgate such regulations, in ac17 cordance with section 553 of title 5, United States Code,

18 as may be necessary to carry out the purposes of the

19 Agreement and this Act. The Secretary shall coordinate

20 such regulations with any other entities regulating high

21 seas fishing vessels, to minimize duplication of license ap22 plication and reporting requirements. To the extent prac23 ticable, such regulations shall also be consistent with regu24 lations implementing fishery management plans under the
12

HR 4760 IH

1 Magnuson Fishery Conservation and Management Act (16

2 U.S.C. 1801 et seq.).

3 (e) NOTICE OF INTERNATIONAL CONSERVATION AND

4 MANAGEMENT MEASURES.—The Secretary, in consulta5 tion with the Secretary of State, shall publish in the Fed6 eral Register, from time to time, a notice listing inter7 national conservation and management measures recog8 nized by the United States.

9 SEC. 6. UNLAWFUL ACTIVITIES.

10 It is unlawful for any person subject to the jurisdic11 tion of the United States—

12 (a) to use a high seas fishing vessel on the high

13 seas in contravention of international conservation

14 and management measures recognized by the United

15 States;

16 (b) to use a high seas fishing vessel on the high

17 seas, unless the vessel has on board a valid license

18 issued under section 4;

19 (c) to use a high seas fishing vessel in violation

20 of the conditions or restrictions of a license issued

21 under section 4;

22 (d) to falsify any information required to be re23 ported, communicated, or recorded pursuant to this

24 Act or any regulation issued under this Act, or to

25 fail to submit in a timely fashion any required infor-
13

HR 4760 IH

1 mation, or to fail to report to the Secretary imme2 diately any change in circumstances that has the ef3 fect of rendering any such information false, incom4 plete, or misleading;

5 (e) to refuse to permit an authorized officer to

6 board a fishing vessel subject to such person’s con7 trol for purposes of conducting any search or inspec8 tion in connection with the enforcement of this Act

9 or any regulation issued under this Act;

10 (f) to forcibly assault, resist, oppose, impede,

11 intimidate, or interfere with an authorized officer in

12 the conduct of any search or inspection described in

13 paragraph (e);

14 (g) to resist a lawful arrest or detention for any

15 act prohibited by this section;

16 (h) to interfere with, delay, or prevent, by any

17 means, the apprehension, arrest, or detection of an18 other person, knowing that such person has commit19 ted any act prohibited by this section;

20 (i) to ship, transport, offer for sale, sell, pur21 chase, import, export, or have custody, control, or

22 possession of, any living marine resource taken or

23 retained in volation of this Act or any regulation or

24 license issued under this Act; or
14

HR 4760 IH

1 (j) to violate any provision of this Act or any

2 regulation or license issued under this Act.

3 SEC. 7. ENFORCEMENT PROVISIONS.

4 (a) DUTIES OF SECRETARIES OF COMMERCE AND

5 TRANSPORTATION.—This Act shall be enforced by the

6 Secretary of Commerce and the Secretary of Transpor7 tation. Such Secretaries may by agreement utilize, on a

8 reimbursable basis or otherwise, the personnel, services,

9 equipment (including aircraft and vessels), and facilities

10 of any other Federal agency, and of any State agency, in

11 the performance of such duties. Such Secretaries shall,

12 and the head of any Federal or State agency that has en13 tered into an agreement with either such Secretary under

14 this section may (if the agreement so provides), authorize

15 officers to enforce the provisions of this Act or any regula16 tion or license issued under this Act.

17 (b) DISTRICT COURT JURISDICTION.—The district

18 courts of the United States shall have exclusive jurisdic19 tion over any case or controversy arising under the provi20 sions of this Act. In the case of Guam, and any Common21 wealth, territory, or possession of the United States in the

22 Pacific Ocean, the appropriate court is the United States

23 District Court for the District of Guam, except that in

24 the case of American Samoa, the appropriate court is the

25 United States District Court for the District of Hawaii.
15

HR 4760 IH

1 (c) POWERS OF ENFORCEMENT OFFICERS.—(1) Any

2 officer who is authorized (by the Secretary, the Secretary

3 of Transportation, or the head of any Federal or State

4 agency that has entered into an agreement with such Sec5 retaries under subsection (a) to enforce the provisions of

6 this Act) may—

7 (A) with or without a warrant or other

8 process—

9 (i) arrest any person, if the officer has rea10 sonable cause to believe that such person has

11 committed an act prohibited by section 9(a);

12 (ii) board, and search or inspect, any high

13 seas fishing vessel;

14 (iii) seize any high seas fishing vessel (to15 gether with its fishing gear, furniture, appur16 tenances, stores, and cargo) used or employed

17 in, or with respect to which it reasonably ap18 pears that such vessel was used or employed in,

19 the violation of any provision of this Act or any

20 regulation or license issued under this Act;

21 (iv) seize any living marine resource (wher22 ever found) taken or retained, in any manner,

23 in connection with or as a result of the commis24 sion of any act prohibited by section 6; and
16

HR 4760 IH

1 (v) seize any other evidence related to any

2 violation of any provision of this Act or any reg3 ulation or license issued under this Act;

4 (B) execute any warrant or other process issued

5 by any court of competent jurisdiction; and

6 (C) exercise any other lawful authority.

7 (2) Subject to the direction of the Secretary, a person

8 charged with law enforcement responsibilities by the Sec9 retary who is performing a duty related to enforcement

10 of a law regarding fisheries or other marine resources may

11 make an arrest without a warrant for an offense against

12 the United States committed in his presence, or for a fel13 ony cognizable under the laws of the United States, if he

14 has reasonable grounds to believe that the person to be

15 arrested has committed or is committing a felony.

16 (d) ISSUANCE OF CITATIONS.—If any authorized offi17 cer finds that a fishing vessel is operating or has been

18 operated in violation of any provision of this Act, such offi19 cer may issue a citation to the owner or operator of such

20 vessel in lieu of proceeding under subsection (c). If a per21 mit has been issued pursuant to this Act for such vessel,

22 such officer shall note the issuance of any citation under

23 this subsection, including the date thereof and the reason

24 therefor, on the permit. The Secretary shall maintain a

25 record of all citations issued pursuant to this subsection.
17

HR 4760 IH

1 SEC. 8. CIVIL PENALTIES AND LICENSE SANCTIONS.

2 (a) CIVIL PENALTIES.—(1) Any person who is found

3 by the Secretary, after notice and opportunity for a hear4 ing in accordance with section 554 of title 5, United States

5 Code, to have committed an act prohibited by section 6

6 shall be liable to the United States for a civil penalty. The

7 amount of the civil penalty shall not exceed $100,000 for

8 each violation. Each day of a continuing violation shall

9 constitute a separate offense. The amount of such civil

10 penalty shall be assessed by the Secretary by written no11 tice. In determining the amount of such penalty, the Sec12 retary shall take into account the nature, circumstances,

13 extent, and gravity of the prohibited acts committed and,

14 with respect to the violation, the degree of culpability, any

15 history of prior offenses, and such other matters as justice

16 may require.

17 (2) The Secretary may compromise, modify, or remit,

18 with or without conditions, any civil penalty that is subject

19 to imposition or that has been imposed under this section.

20 (b) LICENSE SANCTIONS.—(1) In any case in

21 which—

22 (A) a vessel has been used in the commission

23 of an act prohibited under section 6;

24 (B) the owner or operator of a vessel or any

25 other person who has been issued or has applied for
18

HR 4760 IH

1 a license under section 4 has acted in violation of

2 section 6; or

3 (C) any amount in settlement of a civil forfeit4 ure imposed on a vessel or other property, or any

5 civil penalty or criminal fine imposed on a vessel or

6 owner or operator of a vessel or any other person

7 who has been issued or has applied for a license

8 under any fishery resource statute enforced by the

9 Secretary, has not been paid and is overdue, the

10 Secretary may—

11 (i) revoke any license issued with respect

12 to such vessel or person, with or without preju13 dice to the issuance of subsequent licenses;

14 (ii) suspend such license for a period of

15 time considered by the Secretary to be appro16 priate;

17 (iii) deny such license; or

18 (iv) impose additional conditions and re19 strictions on any license issued to or applied for

20 by such vessel or person under this Act.

21 (2) In imposing a sanction under this paragraph, the

22 Secretary shall take into account—

23 (A) the nature, circumstances, extent, and grav24 ity of the prohibited acts for which the sanction is

25 imposed; and
19

HR 4760 IH

1 (B) with respect to the violator, the degree of

2 culpability, any history of prior offenses, and such

3 other matters as justice may require.

4 (3) Transfer of ownership of a vessel, by sale or oth5 erwise, shall not extinguish any license sanction that is

6 in effect or is pending at the time of transfer of ownership.

7 Before executing the transfer of ownership of a vessel, by

8 sale or otherwise, the owner shall disclose in writing to

9 the prospective transferee the existence of any license

10 sanction that will be in effect or pending with respect to

11 the vessel at the time of the transfer. The Secretary may

12 waive or compromise a sanction in the case of a transfer

13 pursuant to court order.

14 (4) In the case of any license that is suspended under

15 this paragraph for nonpayment of a civil penalty or crimi16 nal fine, the Secretary shall reinstate the license upon pay17 ment of the penalty or fine and interest thereon at the

18 prevailing rate.

19 (5) No sanctions shall be imposed under this para20 graph unless there has been prior opportunity for a hear21 ing on the facts underlying the violation for which the

22 sanction is imposed, either in conjunction with a civil pen23 alty proceeding under this section or otherwise.

24 (c) HEARING.—For the purposes of conducting any

25 hearing under this section, the Secretary may issue sub-
20

HR 4760 IH

1 poenas for the attendance and testimony of witnesses and

2 the production of relevant papers, books, and documents,

3 and may administer oaths. Witnesses summoned shall be

4 paid the same fees and mileage that are paid to witnesses

5 in the courts of the United States. In case of contempt

6 or refusal to obey a subpoena served upon any person pur7 suant to this paragraph, the district court of the United

8 States for any district in which such person is found, re9 sides, or transacts business, upon application by the

10 United States and after notice to such person, shall have

11 jurisdiction to issue an order requiring such person to ap12 pear and give testimony before the Secretary or to appear

13 and produce documents before the Secretary, or both, and

14 any failure to obey such order of the court may be pun15 ished by such court as a contempt thereof.

16 (d) JUDICIAL REVIEW.—Any person against whom a

17 civil penalty is assessed under paragraph (a) or against

18 whose vessel a license sanction is imposed under para19 graph (b) (other than a license suspension for nonpayment

20 of penalty or fine) may obtain review thereof in the United

21 States district court for the appropriate district by filing

22 a complaint against the Secretary in such court within

23 thirty days from the date of such order. The Secretary

24 shall promptly file in such court a certified copy of the

25 record upon which such violation was found or such pen-
21

HR 4760 IH

1 alty imposed, as provided in section 2112 of title 28, Unit2 ed States Code. The findings and order of the Secretary

3 shall be set aside by such court if they are not found to

4 be supported by substantial evidence, as provided in sec5 tion 706(2) of title 5, United States Code.

6 (e) COLLECTION.—(1) If any person fails to pay an

7 assessment of a civil penalty after it has become a final

8 and unappealable order, or after the appropriate court has

9 entered final judgment in favor of the Secretary, the mat10 ter shall be referred to the Attorney General, who shall

11 recover the amount assessed in any appropriate district

12 court of the United States. In such action, the validity

13 and appropriateness of the final order imposing the civil

14 penalty shall not be subject to review.

15 (2) A high seas fishing vessel (including its fishing

16 gear, furniture, appurtenances, stores, and cargo) used in

17 the commission of an act prohibited by section 6 shall be

18 liable in rem for any civil penalty assessed for such viola19 tion under paragraph (a) and may be proceeded against

20 in any district court of the United States having jurisdic21 tion thereof. Such penalty shall constitute a maritime lien

22 on such vessel that may be recovered in an action in rem

23 in the district court of the United States having jurisdic24 tion over the vessel.
22

HR 4760 IH

1 SEC. 9. CRIMINAL OFFENSES.

2 (a) OFFENSES.—A person is guilty of an offense if

3 the person commits any act prohibited by section 6 (f),

4 (g), (h), or (i).

5 (b) PUNISHMENT.—Any offense described in para6 graph (a) is a class A misdemeanor punishable by a fine

7 under title 18, United States Code, or imprisonment for

8 not more than one year, or both; except that if in the com9 mission of any offense the person uses a dangerous weap10 on, engages in conduct that causes bodily injury to any

11 authorized officer, or places any such officer in fear of

12 imminent bodily injury, the offense is a felony punishable

13 by a fine under title 18, United States Code, or imprison14 ment for not more than ten years, or both.

15 SEC. 10. FORFEITURES.

16 (a) GENERAL.—Any fishing vessel (including its fish17 ing gear, furniture, appurtenances, stores, and cargo)

18 used, and any living marine resources (or a fair market

19 value thereof) taken or retained, in any manner, in con20 nection with or as a result of the commission of any act

21 prohibited by section 6 shall be subject to forfeiture to

22 the United States. All or part of such vessel may, and

23 all such living marine resources shall, be forfeited to the

24 United States pursuant to a civil proceeding under this

25 section.
23

HR 4760 IH

1 (b) JURISDICTION OF DISTRICT COURTS.—Any dis2 trict court of the United States shall have jurisdiction,

3 upon application of the Attorney General on behalf of the

4 United States, to order any forfeiture authorized under

5 paragraph (a) and any action provided for under para6 graph (d).

7 (c) JUDGMENT.—If a judgment is entered for the

8 United States in a civil forfeiture proceeding under this

9 section, the Attorney General may seize any property or

10 other interest declared forfeited to the United States,

11 which has not previously been seized pursuant to this Act

12 or for which security has not previously been obtained.

13 The provisions of the customs laws relating to—

14 (1) the seizure, forfeiture, and condemnation of

15 property for violation of the customs law;

16 (2) the disposition of such property or the pro17 ceeds from the sale thereof; and

18 (3) the remission or mitigation of any such for19 feiture; shall apply to seizures and forfeitures in20 curred, or alleged to have been incurred, under the

21 provisions of this Act, unless such provisions are in22 consistent with the purposes, policy, and provisions

23 of this Act.
24

HR 4760 IH

1 (d) PROCEDURE.—(1) Any officer authorized to serve

2 any process in rem that is issued by a court under section

3 7(b) shall—

4 (A) stay the execution of such process; or

5 (B) discharge any living marine resources

6 seized pursuant to such process;

7 upon receipt of a satisfactory bond or other security from

8 any person claiming such property. Such bond or other

9 security shall be conditioned upon such person delivering

10 such property to the appropriate court upon order thereof,

11 without any impairment of its value, or paying the mone12 tary value of such property pursuant to an order of such

13 court. Judgment shall be recoverable on such bond or

14 other security against both the principal and any sureties

15 in the event that any condition thereof is breached, as de16 termined by such court.

17 (2) Any living marine resources seized pursuant to

18 this Act may be sold, subject to the approval of the appro19 priate court, for not less than the fair market value there20 of. The proceeds of any such sale shall be deposited with

21 such court pending the disposition of the matter involved.

22 (e) REBUTTABLE PRESUMPTION.—For purposes of

23 this section, it shall be a rebuttable presumption that all

24 living marine resources found on board a high seas fishing

25 vessel and which are seized in connection with an act pro-
25

HR 4760 IH

1 hibited by section 6 were taken or retained in violation

2 of this Act.

Æ

HR 4760 IH——2