Calendar No. 673

103D CONGRESS

2D SESSION S. 2455

A BILL

To establish a system of licensing, reporting, and

on the high seas.regulation for vessels of the United States fishing

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Reported with amendments
II

Calendar No. 673

103D CONGRESS

2D SESSION S. 2455

To establish a system of licensing, reporting, and regulation for vessels of

the United States fishing on the high seas.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 22 (legislative day, SEPTEMBER 12), 1994

Mr. KERRY (for himself and Mr. STEVENS) introduced the following bill; which

was read twice and referred to the Committee on Commerce, Science, and

Transportation

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. HOLLINGS, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To establish a system of licensing, reporting, and regulation

for vessels of the United States fishing on the high seas.

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’’.
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1 SEC. 2. PURPOSE.

2 It is the purpose of this Act:

3 (1) to implement the Agreement to Promote

4 Compliance with International Conservation and

5 Management Measures by Fishing Vessels on the

6 High Seas, adopted by the Conference of the Food

7 and Agriculture Organization of the United Nations

8 on November 24, 1993; and

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

10 and regulation for vessels of the United States fish11 ing on the high seas.

12 SEC. 3. DEFINITIONS.

13 As used in this Act:

14 (1) The term ‘‘Agreement’’ means the Agree15 ment to Promote Compliance with International

16 Conservation and Management Measures by Fishing

17 Vessels on the High Seas, adopted by the Con18 ference of the Food and Agriculture Organization of

19 the United Nations on November 24, 1993.

20 (2) The term ‘‘FAO’’ means the Food and Ag21 riculture Organization of the United Nations.

22 (3) The term ‘‘high seas’’ means the waters be23 yond the territorial sea or exclusive economic zone

24 (or the equivalent) of any nation, to the extent that

25 such territorial sea or exclusive economic zone (or

26 the equivalent) is recognized by the United States.
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1 (4) The term ‘‘high seas fishing vessel’’ means

2 any vessel of the United States used or intended for

3 use—

4 (A) on the high seas;

5 (B) for the purpose of the commercial ex6 ploitation of living marine resources; and

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

8 ship, or as any other support vessel directly en9 gaged in a fishing operation.

10 (5) The term ‘‘International international con11 servation and management measures’’ means meas12 ures to conserve or manage one or more species of

13 living marine resources that are adopted and applied

14 in accordance with the relevant rules of international

15 law law, as reflected in the 1982 United Nations

16 Convention on the Law of the Sea Sea, and that are

17 recognized by the United States. Such measures

18 may be adopted by global, regional, or sub-regional

19 fisheries organizations, subject to the rights and ob20 ligations of their members, or by treaties or other

21 international agreements.

22 (6) The term ‘‘length’’ means—

23 (A) for any high seas fishing vessel built

24 after July 18, 1982, 96 percent of the total

25 length on a waterline at 85 percent of the least
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1 molded depth measured from the top of the

2 keel, or the length from the foreside of the stem

3 to the axis of the rudder stock on that water4 line, if that is greater. In ships designed with

5 a rake of keel the waterline on which this

6 length is measured shall be parallel to the de7 signed waterline; and

8 (B) for any high seas fishing vessel built

9 before July 18, 1982, registered length as en10 tered on the vessel’s documentation.

11 (7) The term ‘‘person’’ means any individual

12 (whether or not a citizen of or national of the

13 United States), any corporation, partnership, asso14 ciation, or other entity (whether or not organized or

15 existing under the laws of any State), and any Fed16 eral, State, local, or foreign government or any en17 tity of any such government.

18 (8) The term ‘‘Secretary’’ means the Secretary

19 of Commerce or a designee.

20 (9) The term ‘‘vessel of the United States’’

21 means—

22 (A) a vessel documented under chapter

23 121 of title 46, United States Code, or num24 bered in accordance with chapter 123 of title

25 46; 46, United States Code;
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1 (B) a vessel owned in whole or part by—

2 (i) the United States or a territory,

3 commonwealth, or possession of the United

4 States;

5 (ii) a State or political subdivision

6 thereof;

7 (iii) a citizen or national of the United

8 States; or

9 (iv) a corporation created under the

10 laws of the United States or any State, the

11 District of Columbia, or any territory,

12 commonwealth, or possession of the United

13 States; unless the vessel has been granted

14 the nationality of a foreign nation in ac15 cordance with article 92 of the 1982

16 United Nations Convention on the Law of

17 the Sea and a claim of nationality or reg18 istry for the vessel is made by the master

19 or individual in charge at the time of the

20 enforcement action by an officer or em21 ployee of the United States authorized to

22 enforce applicable provisions of the United

23 States law; and

24 (C) a vessel that was once documented

25 under the laws of the United States and, in vio-
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1 lation of the laws of the United States, was ei2 ther sold to a person not a citizen of the United

3 States or placed under foreign registry or a for4 eign flag, whether or not the vessel has been

5 granted the nationality of a foreign nation.

6 (10) The terms ‘‘vessel subject to the jurisdic7 tion of the United States’’ and ‘‘vessel without na8 tionality’’ have the same meaning as in 46 U.S.C.

9 App. 1903(c). section 1903(c) of title 46 United

10 States Code Appendix.

11 SEC. 4. LICENSING.

12 (a) IN GENERAL.—No high seas fishing vessel shall

13 engage in harvesting operations on the high seas unless

14 the vessel has on board a valid license issued under this

15 section.

16 (b) ELIGIBILITY.—

17 (1) Any vessel of the United States is eligible

18 to receive a license under this section, unless the

19 vessel was previously authorized to be used for fish20 ing on the high seas by a foreign nation, and—

21 (A) the foreign nation suspended such au22 thorization because the vessel undermined the

23 effectiveness of international conservation and

24 management measures, and the suspension has

25 not expired; or
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1 (B) the foreign nation, within the last

2 three years preceding application for a license

3 under this section, withdrew such authorization

4 because the vessel undermined the effectiveness

5 of international conservation and management

6 measures.

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

8 apply where ownership of the vessel has changed

9 since the vessel undermined the effectiveness of

10 international conservation and management meas11 ures, and the new owner has provided sufficient evi12 dence to the Secretary demonstrating that the pre13 vious owner or operator has no further legal, bene14 ficial or financial interest in, or control of, the ves15 sel.

16 (3) The restriction in paragraph (1) does not

17 apply where the Secretary makes a determination

18 that issuing a license would not subvert the purposes

19 of the Agreement.

20 (4) The Secretary may not issue a license to a

21 vessel unless he or she is satisfied that the United

22 States will be able to exercise effectively its respon23 sibilities under the Agreement with respect to that

24 vessel.

25 (c) APPLICATION.—
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1 (1) The owner or operator of a high seas fish2 ing vessel may apply for a license under this section

3 by completing an application form prescribed by the

4 Secretary.

5 (2) The application form shall contain—

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

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

8 (B) previous flag (if any);

9 (C) International Radio Call Sign (if any);

10 (D) names and addresses of owners and

11 operators;

12 (E) where and when built;

13 (F) type of vessel;

14 (G) length; and

15 (H) any other information the Secretary

16 requires.

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

18 conditions and restrictions on each license issued under

19 this section as are necessary and appropriate to carry out

20 the obligations of the United States under the Agreement,

21 including but not limited to the following:

22 (1) The vessel shall be marked in accordance

23 with the FAO Standard Specifications for the Mark24 ing and Identification of Fishing Vessels, or with

25 regulations issued under section 305 of the Magnu-
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1 son Fishery Conservation and Management Act (16

2 U.S.C. 1855).

3 (2) The license holder shall report such infor4 mation as the Secretary by regulation requires, in5 cluding area of fishing operations and catch statis6 tics. The Secretary shall promulgate regulations con7 cerning conditions under which information submit8 ted under this subsection may be released.

9 (e) FEES.—

10 (1) The Secretary may by regulation establish

11 the level of fees to be charged for licenses issued

12 under this section. The level of fees charged under

13 this paragraph shall not exceed the administrative

14 costs incurred in issuing such licenses. The licensing

15 fee shall be in addition to any fee required under

16 any regional licensing regime applicable to high seas

17 fishing vessels.

18 (2) The fees authorized by paragraph (1) shall

19 be collected and credited to the Operations, Re20 search and Facilities account of the National Oce21 anic and Atmospheric Administration. Any fees col22 lected shall be available until expended for the pur23 pose of implementing this Act, to the extent and in

24 the amounts provided in advance in appropriations

25 acts. Fees collected under this subsection shall be
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1 available for the necessary expenses of the National

2 Oceanic and Atmospheric Administration in imple3 menting this Act, and shall remain available until ex4 pended.

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

6 is valid for the period specified in regulations issued under

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

8 in the event the vessel is no longer eligible for U.S. docu9 mentation, such documentation is revoked or denied, or

10 the vessel is deleted from such documentation.

11 SEC. 5. RESPONSIBILITIES OF THE SECRETARY.

12 (a) RECORD.—The Secretary shall maintain an auto13 mated file or record of high seas fishing vessels issued li14 censes under section 4, including all information submit15 ted under section 4(c)(2).

16 (b) INFORMATION TO FAO.—The Secretary, in co17 operation with the Secretaries of State and Transpor18 tation, shall—

19 (1) make available to FAO information con20 tained in the record maintained under subsection

21 (a);

22 (2) promptly notify FAO of changes in such in23 formation;
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1 (3) promptly notify FAO of additions to or de2 letions from the record, and the reason for any dele3 tion;

4 (4) convey to FAO information relating to any

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

6 vessel’s identity, owner or operator, and factors rel7 evant to the Secretary’s determination to issue the

8 license;

9 (5) report promptly to FAO all relevant infor10 mation regarding any activities of high seas fishing

11 vessels that undermine the effectiveness of inter12 national conservation and management measures, in13 cluding the identity of the vessels and any sanctions

14 imposed; and

15 (6) provide the FAO a summary of evidence re16 garding any activities of foreign vessels that under17 mine the effectiveness of international conservation

18 and management measures.

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

20 in cooperation with the Secretary of State and the Sec21 retary of Transportation, shall, where he or she has rea22 sonable grounds to believe that a foreign high seas fishing

23 vessel has engaged in activities undermining the effective24 ness of international conservation and management meas25 ures—
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1 (1) provide to the flag State information, in2 cluding appropriate evidentiary material, relating to

3 those activities; and

4 (2) when such foreign high seas fishing vessel

5 is voluntarily in a United States port, the Secretary

6 shall promptly notify the flag State. If requested by

7 the flag State, the Secretary shall make arrange8 ments to undertake such lawful investigatory meas9 ures as may be considered necessary to establish

10 whether the high seas fishing vessel has been used

11 contrary to the provisions of the Agreement.

12 (d) REGULATIONS.—The Secretary, after consulta13 tion with the Secretary of State and the Secretary of

14 Transportation, may promulgate such regulations, in ac15 cordance with section 553 of title 5, United States Code,

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

17 Agreement and this Act. The Secretary shall coordinate

18 such regulations with any other entities regulating high

19 seas fishing vessels, in order to minimize duplication of

20 license application and reporting requirements. To the ex21 tent practicable, such regulations shall also be consistent

22 with regulations implementing fishery management plans

23 under the Magnuson Fishery Conservation and Manage24 ment Act (16 U.S.C. 1801 et seq.).
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1 (e) NOTICE OF INTERNATIONAL CONSERVATION AND

2 MANAGEMENT MEASURES.—The Secretary, in consulta3 tion with the Secretary of State, shall publish in the Fed4 eral Register, from time to time, a notice listing inter5 national conservation and management measures recog6 nized by the United States.

7 SEC. 6. UNLAWFUL ACTIVITIES.

8 It is unlawful for any person subject to the jurisdic9 tion of the United States—

10 (1) to use a high seas fishing vessel on the high

11 seas in contravention of international conservation

12 and management measures described in section 5(e);

13 (2) to use a high seas fishing vessel on the high

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

15 issued under section 4;

16 (3) to use a high seas fishing vessel in violation

17 of the conditions or restrictions of a license issued

18 under section 4;

19 (4) to falsify any information required to be re20 ported, communicated, or recorded pursuant to this

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

22 fail to submit in a timely fashion any required infor23 mation, or to fail to report to the Secretary imme24 diately any change in circumstances that has the ef-
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1 fect of rendering any such information false, incom2 plete, or misleading;

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

4 board a high seas fishing vessel subject to such per5 son’s control for purposes of conducting any search

6 or inspection in connection with the enforcement of

7 this Act or any regulation issued under this Act;

8 (6) to forcibly assault, resist, oppose, impede,

9 intimidate, or interfere with an authorized officer in

10 the conduct of any search or inspection described in

11 paragraph (5);

12 (7) to resist a lawful arrest or detention for any

13 act prohibited by this section;

14 (8) to interfere with, delay, or prevent, by any

15 means, the apprehension, arrest, or detection of an16 other person, knowing that such person has commit17 ted any act prohibited by this section;

18 (9) to ship, transport, offer for sale, sell, pur19 chase, import, export, or have custody, control, or

20 possession of, any living marine resource taken or

21 retained in violation of this Act or any regulation or

22 license issued under this Act; or

23 (10) to violate any provision of this Act or any

24 regulation or license issued under this Act.
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1 SEC. 7. ENFORCEMENT PROVISIONS.

2 (a) DUTIES OF SECRETARIES OF COMMERCE AND

3 TRANSPORTATION.—This Act shall be enforced by the

4 Secretary of Commerce and the Secretary of Transpor5 tation. Such Secretaries may by agreement utilize, on a

6 reimbursable basis or otherwise, the personnel, services,

7 equipment (including aircraft and vessels), and facilities

8 of any other Federal agency, or of any State agency, in

9 the performance of such duties. Such Secretaries shall,

10 and the head of any Federal or State agency that has en11 tered into an agreement with either such Secretary under

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

13 officers to enforce the provisions of this Act or any regula14 tion or license issued under this Act.

15 (b) DISTRICT COURT JURISDICTION.—The district

16 courts of the United States shall have exclusive jurisdic17 tion over any case or controversy arising under the provi18 sions of this Act. In the case of Guam, and any Common19 wealth, territory, or possession of the United States in the

20 Pacific Ocean, the appropriate court is the United States

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

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

23 United States District Court for the District of Hawaii.

24 (c) POWERS OF ENFORCEMENT OFFICERS.—

25 (1) Any officer who is authorized (by the Sec26 retary, the Secretary of Transportation, or the head
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1 of any Federal or State agency that has entered into

2 an agreement with such Secretaries under subsection

3 (a)) to enforce the provisions of this Act may—

4 (A) with or without a warrant or other

5 process—

6 (i) arrest any person, if the officer has

7 reasonable cause to believe that such per8 son has committed an act prohibited by

9 section 9(a);

10 (ii) board, and search or inspect, any

11 high seas fishing vessel;

12 (iii) seize any high seas fishing vessel

13 (together with its fishing gear, furniture,

14 appurtenances, stores, and cargo) used or

15 employed in, or with respect to which it

16 reasonably appears that such vessel was

17 used or employed in, the violation of any

18 provision of this Act or any regulation or

19 license issued under this Act;

20 (iv) seize any living marine resource

21 (wherever found) taken or retained, in any

22 manner, in connection with or as a result

23 of the commission of any act prohibited by

24 section 6; and
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1 (v) seize any other evidence related to

2 any violation of any provision of this Act

3 or any regulation or license issued under

4 this Act;

5 (B) execute any warrant or other process

6 issued by any court of competent jurisdiction;

7 and

8 (C) exercise any other lawful authority.

9 (2) Subject to the direction of the Secretary, a

10 person charged with law enforcement responsibilities

11 by the Secretary who is performing a duty related

12 to enforcement of a law regarding fisheries or other

13 marine resources may make an arrest without a war14 rant for an offense against the United States com15 mitted in his presence, or for a felony cognizable

16 under the laws of the United States, if he has rea17 sonable grounds to believe that the person to be ar18 rested has committed or is committing a felony.

19 (d) ISSUANCE OF CITATIONS.—If any authorized offi20 cer finds that a high seas fishing vessel is operating or

21 has been operated in violation of any provision of this Act,

22 such officer may issue a citation to the owner or operator

23 of such vessel in lieu of proceeding under subsection (c).

24 If a permit has been issued pursuant to this Act for such

25 vessel, such officer shall note the issuance of any citation
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1 under this subsection, including the date thereof and the

2 reason therefor, on the permit. The Secretary shall main3 tain a record of all citations issued pursuant to this sub4 section.

5 SEC. 8. CIVIL PENALTIES AND LICENSE SANCTIONS.

6 (a) CIVIL PENALTIES.—

7 (1) Any person who is found by the Secretary,

8 after notice and opportunity for a hearing in accord9 ance with section 554 of title 5, United States Code,

10 to have committed an act prohibited by section 6

11 shall be liable to the United States for a civil pen12 alty. The amount of the civil penalty shall not exceed

13 $100,000 for each violation. Each day of a continu14 ing violation shall constitute a separate offense. The

15 amount of such civil penalty shall be assessed by the

16 Secretary by written notice. In determining the

17 amount of such penalty, the Secretary shall take

18 into account the nature, circumstances, extent, and

19 gravity of the prohibited acts committed and, with

20 respect to the violation, the degree of culpability,

21 any history of prior offenses, and such other matters

22 as justice may require.

23 (2) The Secretary may compromise, modify, or

24 remit, with or without conditions, any civil penalty
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1 that is subject to imposition or that has been im2 posed under this section.

3 (b) LICENSE SANCTIONS.—

4 (1) In any case in which—

5 (A) a vessel of the United States has been

6 used in the commission of an act prohibited

7 under section 6;

8 (B) the owner or operator of a vessel or

9 any other person who has been issued or has

10 applied for a license under section 4 has acted

11 in violation of section 6; or

12 (C) any amount in settlement of a civil for13 feiture forfeiture, civil penalty, or criminal fine

14 imposed on a high seas fishing vessel or other

15 property, or any civil penalty or criminal fine

16 imposed on a vessel or on an owner or operator

17 of a such vessel of the United States or any

18 other person who has been issued or has ap19 plied for a license under any fishery resource

20 statute enforced by the Secretary, has not been

21 paid and is overdue, the Secretary may—

22 (i) revoke any license issued with re23 spect to such vessel or person, with or

24 without prejudice to the issuance of subse25 quent licenses;
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1 (ii) suspend such license for a period

2 of time considered by the Secretary to be

3 appropriate;

4 (iii) deny such license; or

5 (iv) impose additional conditions and

6 restrictions on any such license license;

7 issued to or applied for by such vessel or person

8 under this Act.

9 (2) In imposing a sanction under this sub10 section, the Secretary shall take into account—

11 (A) the nature, circumstances, extent, and

12 gravity of the prohibited acts for which the

13 sanction is imposed; and

14 (B) with respect to the violator, the degree

15 of culpability, any history of prior offenses, and

16 such other matters as justice may require.

17 (3) Transfer of ownership of a high seas fishing

18 vessel, by sale or otherwise, shall not extinguish any

19 license sanction that is in effect or is pending at the

20 time of transfer of ownership. Before executing the

21 transfer of ownership of a vessel, by sale or other22 wise, the owner shall disclose in writing to the pro23 spective transferee the existence of any license sanc24 tion that will be in effect or pending with respect to

25 the vessel at the time of the transfer. The Secretary
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1 may waive or compromise a sanction in the case of

2 a transfer pursuant to court order.

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

4 under this subsection for nonpayment of a civil pen5 alty or criminal fine, the Secretary shall reinstate

6 the license upon payment of the penalty or fine and

7 interest thereon at the prevailing rate.

8 (5) No sanctions shall be imposed under this

9 subsection unless there has been prior opportunity

10 for a hearing on the facts underlying the violation

11 for which the sanction is imposed, either in conjunc12 tion with a civil penalty proceeding under this sec13 tion or otherwise.

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

15 hearing under this section, the Secretary may issue sub16 poenas for the attendance and testimony of witnesses and

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

18 and may administer oaths. Witnesses summoned shall be

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

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

21 or refusal to obey a subpoena served upon any person pur22 suant to this subsection, the district court of the United

23 States for any district in which such person is found, re24 sides, or transacts business, upon application by the

25 United States and after notice to such person, shall have
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1 jurisdiction to issue an order requiring such person to ap2 pear and give testimony before the Secretary or to appear

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

4 any failure to obey such order of the court may be pun5 ished by such court as a contempt thereof.

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

7 civil penalty is assessed under subsection (a) or against

8 whose vessel a license sanction is imposed under sub9 section (b) (other than a license suspension for

10 nonpayment of penalty or fine) may obtain review thereof

11 in the United States district court for the appropriate dis12 trict by filing a complaint against the Secretary in such

13 court within 30 days from the date of such penalty or

14 sanction. The Secretary shall promptly file in such court

15 a certified copy of the record upon which such penalty or

16 sanction was imposed, as provided in section 2112 of title

17 28, United States Code. The findings and order of the

18 Secretary shall be set aside by such court if they are not

19 found to be supported by substantial evidence, as provided

20 in section 706(2) of title 5, United States Code.

21 (e) COLLECTION.—

22 (1) If any person fails to pay an assessment of

23 a civil penalty after it has become a final and

24 unappealable order, or after the appropriate court

25 has entered final judgment in favor of the Secretary,
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1 the matter shall be referred to the Attorney General,

2 who shall recover the amount assessed in any appro3 priate district court of the United States. In such

4 action, action the validity and appropriateness of the

5 final order imposing the civil penalty shall not be

6 subject to review.

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

8 fishing gear, furniture, appurtenances, stores, and

9 cargo) used in the commission of an act prohibited

10 by section 6 shall be liable in rem for any civil pen11 alty assessed for such violation under subsection (a)

12 and may be proceeded against in any district court

13 of the United States having jurisdiction thereof.

14 Such penalty shall constitute a maritime lien on

15 such vessel that may be recovered in an action in

16 rem in the district court of the United States having

17 jurisdiction over the vessel.

18 SEC. 9. CRIMINAL OFFENSES.

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

20 the person commits any act prohibited by section 6(6), (7),

21 (8), or (9).

22 (b) PUNISHMENT.—Any offense described in sub23 section (a) is a class A misdemeanor punishable by a fine

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

25 not more than one year, or both; except that if in the com-
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1 mission of any offense the person uses a dangerous weap2 on, engages in conduct that causes bodily injury to any

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

4 imminent bodily injury, the offense is a felony punishable

5 by a fine under title 18, United States Code, or imprison6 ment for not more than 10 years, or both.

7 SEC. 10. FORFEITURES.

8 (a) IN GENERAL.—Any high seas fishing vessel (in9 cluding its fishing gear, furniture, appurtenances, stores,

10 and cargo) used, and any living marine resources (or a

11 fair market value thereof) taken or retained, in any man12 ner, in connection with or as a result of the commission

13 of any act prohibited by section 6 shall be subject to for14 feiture to the United States. All or part of such vessel

15 may, and all such living marine resources shall, be for16 feited to the United States pursuant to a civil proceeding

17 under this section.

18 (b) JURISDICTION OF DISTRICT COURTS.—Any dis19 trict court of the United States shall have jurisdiction,

20 upon application of the Attorney General on behalf of the

21 United States, to order any forfeiture authorized under

22 subsection (a) and any action provided for under sub23 section (d).

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

25 United States in a civil forfeiture proceeding under this
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1 section, the Attorney General may seize any property or

2 other interest declared forfeited to the United States,

3 which has not previously been seized pursuant to this Act

4 or for which security has not previously been obtained.

5 The provisions of the customs laws relating to —

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

7 property for violation of the customs law;

8 (2) the disposition of such property or the pro9 ceeds from the sale thereof; and

10 (3) the remission or mitigation of any such for11 feiture;

12 shall apply to seizures and forfeitures incurred, or alleged

13 to have been incurred, under the provisions of this Act,

14 unless such provisions are inconsistent with the purposes,

15 policy, and provisions of this Act.

16 (d) PROCEDURE.—

17 (1) Any officer authorized to serve any process

18 in rem that is issued by a court under section 7(b)

19 shall—

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

21 (B) discharge any living marine resources

22 seized pursuant to such process;

23 upon receipt of a satisfactory bond or other security

24 from any person claiming such property. Such bond

25 or other security shall be conditioned upon such per-
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1 son delivering such property to the appropriate court

2 upon order thereof, without any impairment of its

3 value, or paying the monetary value of such property

4 pursuant to an order of such court. Judgment shall

5 be recoverable on such bond or other security

6 against both the principal and any sureties in the

7 event that any condition thereof is breached, as de8 termined by such court.

9 (2) Any living marine resources seized pursuant

10 to this Act may be sold, subject to the approval of

11 the appropriate court, for not less than the fair mar12 ket value thereof. The proceeds of any such sale

13 shall be deposited with such court pending the dis14 position of the matter involved.

15 (e) REBUTTABLE PRESUMPTION.—For purposes of

16 this section, all living marine resources found on board

17 a high seas fishing vessel and which are seized in connec18 tion with an act prohibited by section 6 are presumed to

19 have been taken or retained in violation of this Act, but

20 the presumption can be rebutted by an appropriate show21 ing of evidence to the contrary.

22 SEC. 11. EFFECTIVE DATE.

23 This Act shall take effect 6 months after the entry

24 into force of the Agreement, or 6 months after the date

25 of enactment of this Act, whichever is later.
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S 2455 RS——2