II

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

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’’.

6 SEC. 2. PURPOSE.

7 It is the purpose of this Act—

8 (1) to implement the Agreement to Promote

9 Compliance with International Conservation and

10 Management Measures by Fishing Vessels on the
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1 High Seas, adopted by the Conference of the Food

2 and Agriculture Organization of the United Nations

3 on November 24, 1993; and

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

5 and regulation for vessels of the United States fish6 ing on the high seas.

7 SEC. 3. DEFINITIONS.

8 As used in this Act:

9 (1) The term ‘‘Agreement’’ means the Agree10 ment to Promote Compliance with International

11 Conservation and Management Measures by Fishing

12 Vessels on the High Seas, adopted by the Con13 ference of the Food and Agriculture Organization of

14 the United Nations on November 24, 1993.

15 (2) The term ‘‘FAO’’ means the Food and Ag16 riculture Organization of the United Nations.

17 (3) The term ‘‘high seas’’ means the waters be18 yond the territorial sea or exclusive economic zone

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

20 such territorial sea or exclusive economic zone (or

21 the equivalent) is recognized by the United States.

22 (4) The term ‘‘high seas fishing vessel’’ means

23 any vessel of the United States used or intended for

24 use—

25 (A) on the high seas;
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1 (B) for the purpose of the commercial ex2 ploitation of living marine resources; and

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

4 ship, or as any other support vessel directly en5 gaged in a fishing operation.

6 (5) The term ‘‘International conservation and

7 management measures’’ means measures to conserve

8 or manage one or more species of living marine re9 sources that are adopted and applied in accordance

10 with the relevant rules of international law as re11 flected in the 1982 United Nations Convention on

12 the Law of the Sea and recognized by the United

13 States. Such measures may be adopted by global, re14 gional, or sub-regional fisheries organizations, sub15 ject to the rights and obligations of their members,

16 or by treaties or other international agreements.

17 (6) The term ‘‘length’’ means—

18 (A) for any high seas fishing vessel built

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

20 length on a waterline at 85 percent of the least

21 molded depth measured from the top of the

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

23 to the axis of the rudder stock on that water24 line, if that is greater. In ships designed with

25 a rake of keel the waterline on which this
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1 length is measured shall be parallel to the de2 signed waterline; and

3 (B) for any high seas fishing vessel built

4 before July 18, 1982, registered length as en5 tered on the vessel’s documentation.

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

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

8 United States), any corporation, partnership, asso9 ciation, or other entity (whether or not organized or

10 existing under the laws of any State), and any Fed11 eral, State, local, or foreign government or any en12 tity of any such government.

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

14 of Commerce or a designee.

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

16 means—

17 (A) a vessel documented under chapter

18 121 of title 46 or numbered in accordance with

19 chapter 123 of title 46;

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

21 (i) the United States or a territory,

22 commonwealth, or possession of the United

23 States;

24 (ii) a State or political subdivision

25 thereof;
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1 (iii) a citizen or national of the United

2 States; or

3 (iv) a corporation created under the

4 laws of the United States or any State, the

5 District of Columbia, or any territory,

6 commonwealth, or possession of the United

7 States; unless the vessel has been granted

8 the nationality of a foreign nation in ac9 cordance with article 92 of the 1982 Unit10 ed Nations Convention on the Law of the

11 Sea and a claim of nationality or registry

12 for the vessel is made by the master or in13 dividual in charge at the time of the en14 forcement action by an officer or employee

15 of the United States authorized to enforce

16 applicable provisions of the United States

17 law; and

18 (C) a vessel that was once documented

19 under the laws of the United States and, in vio20 lation of the laws of the United States, was ei21 ther sold to a person not a citizen of the United

22 States or placed under foreign registry or a for23 eign flag, whether or not the vessel has been

24 granted the nationality of a foreign nation.
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1 (10) The terms ‘‘vessel subject to the jurisdic2 tion of the United States’’ and ‘‘vessel without na3 tionality’’ have the same meaning as in 46 U.S.C.

4 App. 1903(c).

5 SEC. 4. LICENSING.

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

7 engage in harvesting operations on the high seas unless

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

9 section.

10 (b) ELIGIBILITY.—

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

12 to receive a license under this section, unless the

13 vessel was previously authorized to be used for fish14 ing on the high seas by a foreign nation, and

15 (A) the foreign nation suspended such au16 thorization because the vessel undermined the

17 effectiveness of international conservation and

18 management measures, and the suspension has

19 not expired; or

20 (B) the foreign nation, within the last

21 three years preceding application for a license

22 under this section, withdrew such authorization

23 because the vessel undermined the effectiveness

24 of international conservation and management

25 measures.
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1 (2) The restriction in paragraph (1) does not

2 apply where ownership of the vessel has changed

3 since the vessel undermined the effectiveness of

4 international conservation and management meas5 ures, and the new owner has provided sufficient evi6 dence to the Secretary demonstrating that the pre7 vious owner or operator has no further legal, bene8 ficial or financial interest in, or control of, the

9 vessel.

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

11 apply where the Secretary makes a determination

12 that issuing a license would not subvert the purposes

13 of the Agreement.

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

15 vessel unless he or she is satisfied that the United

16 States will be able to exercise effectively its respon17 sibilities under the Agreement with respect to that

18 vessel.

19 (c) APPLICATION.—

20 (1) The owner or operator of a high seas fish21 ing vessel may apply for a license under this section

22 by completing an application form prescribed by the

23 Secretary.

24 (2) The application form shall contain—
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1 (A) the vessel’s name, previous names (if

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

3 (B) previous flag (if any);

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

5 (D) names and addresses of owners and

6 operators;

7 (E) where and when built;

8 (F) type of vessel;

9 (G) length; and

10 (H) any other information the Secretary

11 requires.

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

13 conditions and restrictions on each license issued under

14 this section as are necessary and appropriate to carry out

15 the obligations of the United States under the Agreement,

16 including but not limited to the following:

17 (1) The vessel shall be marked in accordance

18 with the FAO Standard Specifications for the Mark19 ing and Identification of Fishing Vessels, or with

20 regulations issued under section 305 of the Magnu21 son Fishery Conservation and Management Act (16

22 U.S.C. 1855).

23 (2) The license holder shall report such infor24 mation as the Secretary by regulation requires, in25 cluding area of fishing operations and catch statis-
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1 tics. The Secretary shall promulgate regulations con2 cerning conditions under which information submit3 ted under this subsection may be released.

4 (e) FEES.—

5 (1) The Secretary may by regulation establish

6 the level of fees to be charged for licenses issued

7 under this section. The level of fees charged under

8 this paragraph shall not exceed the administrative

9 costs incurred in issuing such licenses. The licensing

10 fee shall be in addition to any fee required under

11 any regional licensing regime applicable to high seas

12 fishing vessels.

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

14 be collected and credited to the Operations, Re15 search and Facilities account of the National Oce16 anic and Atmospheric Administration. Any fees col17 lected shall be available until expended for the pur18 pose of implementing this Act, to the extent and in

19 the amounts provided in advance in appropriations

20 acts.

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

22 is valid for the period specified in regulations issued under

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

24 in the event the vessel is no longer eligible for U.S. docu-
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1 mentation, such documentation is revoked or denied, or

2 the vessel is deleted from such documentation.

3 SEC. 5. RESPONSIBILITIES OF THE SECRETARY.

4 (a) RECORD.—The Secretary shall maintain an auto5 mated file or record of high seas fishing vessels issued li6 censes under section 4, including all information submit7 ted under section 4(c)(2).

8 (b) INFORMATION TO FAO.—The Secretary, in co9 operation with the Secretaries of State and Transpor10 tation, shall—

11 (1) make available to FAO information con12 tained in the record maintained under subsection

13 (a);

14 (2) promptly notify FAO of changes in such in15 formation;

16 (3) promptly notify FAO of additions to or de17 letions from the record, and the reason for any dele18 tion;

19 (4) convey to FAO information relating to any

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

21 vessel’s identity, owner or operator, and factors rel22 evant to the Secretary’s determination to issue the

23 license;

24 (5) report promptly to FAO all relevant infor25 mation regarding any activities of high seas fishing
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1 vessels that undermine the effectiveness of inter2 national conservation and management measures, in3 cluding the identity of the vessels and sanctions im4 posed; and

5 (6) provide the FAO a summary of evidence re6 garding any activities of foreign vessels that under7 mine the effectiveness of international conservation

8 and management measures.

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

10 in cooperation with the Secretary of State and the Sec11 retary of Transportation, shall, where he or she has rea12 sonable grounds to believe that a foreign high seas fishing

13 vessel has engaged in activities undermining the effective14 ness of international conservation and management meas15 ures—

16 (1) provide to the flag State information, in17 cluding appropriate evidentiary material, relating to

18 those activities; and

19 (2) when such foreign high seas fishing vessel

20 is voluntarily in a United States port, the Secretary

21 shall promptly notify the flag State. If requested by

22 the flag State, the Secretary shall make arrange23 ments to undertake such lawful investigatory meas24 ures as may be considered necessary to establish
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1 whether the high seas fishing vessel has been used

2 contrary to the provisions of the Agreement.

3 (d) REGULATIONS.—The Secretary, after consulta4 tion with the Secretary of State and the Secretary of

5 Transportation, may promulgate such regulations, in ac6 cordance with section 553 of title 5, United States Code,

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

8 Agreement and this Act. The Secretary shall coordinate

9 such regulations with any other entities regulating high

10 seas fishing vessels, to minimize duplication of license ap11 plication and reporting requirements. To the extent prac12 ticable, such regulations shall also be consistent with regu13 lations implementing fishery management plans under the

14 Magnuson Fishery Conservation and Management Act (16

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

16 (e) NOTICE OF INTERNATIONAL CONSERVATION AND

17 MANAGEMENT MEASURES.—The Secretary, in consulta18 tion with the Secretary of State, shall publish in the Fed19 eral Register, from time to time, a notice listing inter20 national conservation and management measures recog21 nized by the United States.

22 SEC. 6. UNLAWFUL ACTIVITIES.

23 It is unlawful for any person subject to the jurisdic24 tion of the United States—
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1 (1) to use a high seas fishing vessel on the high

2 seas in contravention of international conservation

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

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

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

6 issued under section 4;

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

8 of the conditions or restrictions of a license issued

9 under section 4;

10 (4) to falsify any information required to be re11 ported, communicated, or recorded pursuant to this

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

13 fail to submit in a timely fashion any required infor14 mation, or to fail to report to the Secretary imme15 diately any change in circumstances that has the ef16 fect of rendering any such information false, incom17 plete, or misleading;

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

19 board a high seas fishing vessel subject to such per20 son’s control for purposes of conducting any search

21 or inspection in connection with the enforcement of

22 this Act or any regulation issued under this Act;

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

24 intimidate, or interfere with an authorized officer in
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1 the conduct of any search or inspection described in

2 paragraph (5);

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

4 act prohibited by this section;

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

6 means, the apprehension, arrest, or detection of an7 other person, knowing that such person has commit8 ted any act prohibited by this section;

9 (9) to ship, transport, offer for sale, sell, pur10 chase, import, export, or have custody, control, or

11 possession of, any living marine resource taken or

12 retained in violation of this Act or any regulation or

13 license issued under this Act; or

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

15 regulation or license issued under this Act.

16 SEC. 7. ENFORCEMENT PROVISIONS

17 (a) DUTIES OF SECRETARIES OF COMMERCE AND

18 TRANSPORTATION.—This Act shall be enforced by the

19 Secretary of Commerce and the Secretary of Transpor20 tation. Such Secretaries may by agreement utilize, on a

21 reimbursable basis or otherwise, the personnel, services,

22 equipment (including aircraft and vessels), and facilities

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

24 the performance of such duties. Such Secretaries shall,

25 and the head of any Federal or State agency that has en-
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1 tered into an agreement with either such Secretary under

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

3 officers to enforce the provisions of this Act or any regula4 tion or license issued under this Act.

5 (b) DISTRICT COURT JURISDICTION.—The district

6 courts of the United States shall have exclusive jurisdic7 tion over any case or controversy arising under the provi8 sions of this Act. In the case of Guam, and any Common9 wealth, territory, or possession of the United States in the

10 Pacific Ocean, the appropriate court is the United States

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

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

13 United States District Court for the District of Hawaii.

14 (c) POWERS OF ENFORCEMENT OFFICERS.—

15 (1) Any officer who is authorized (by the Sec16 retary, the Secretary of Transportation, or the head

17 of any Federal or State agency that has entered into

18 an agreement with such Secretaries under subsection

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

20 (A) with or without a warrant or other

21 process—

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

23 reasonable cause to believe that such per24 son has committed an act prohibited by

25 section 9(a);
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1 (ii) board, and search or inspect, any

2 high seas fishing vessel;

3 (iii) seize any high seas fishing vessel

4 (together with its fishing gear, furniture,

5 appurtenances, stores, and cargo) used or

6 employed in, or with respect to which it

7 reasonably appears that such vessel was

8 used or employed in, the violation of any

9 provision of this Act or any regulation or

10 license issued under this Act;

11 (iv) seize any living marine resource

12 (wherever found) taken or retained, in any

13 manner, in connection with or as a result

14 of the commission of any act prohibited by

15 section 6; or

16 (v) seize any other evidence related to

17 any violation of any provision of this Act

18 or any regulation or license issued under

19 this Act;

20 (B) execute any warrant or other process

21 issued by any court of competent jurisdiction;

22 and

23 (C) exercise any other lawful authority.

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

25 person charged with law enforcement responsibilities
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1 by the Secretary who is performing a duty related

2 to enforcement of a law regarding fisheries or other

3 marine resources may make an arrest without a war4 rant for an offense against the United States com5 mitted in his presence, or for a felony cognizable

6 under the laws of the United States, if he has rea7 sonable grounds to believe that the person to be ar8 rested has committed or is committing a felony.

9 (d) ISSUANCE OF CITATIONS.—If any authorized offi10 cer finds that a high seas fishing vessel is operating or

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

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

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

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

15 vessel, such officer shall note the issuance of any citation

16 under this subsection, including the date thereof and the

17 reason therefor, on the permit. The Secretary shall main18 tain a record of all citations issued pursuant to this sub19 section.

20 SEC. 8. CIVIL PENALTIES AND LICENSE SANCTIONS.

21 (a) CIVIL PENALTIES.—

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

23 after notice and opportunity for a hearing in accord24 ance with section 554 of title 5, United States Code,

25 to have committed an act prohibited by section 6
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1 shall be liable to the United States for a civil pen2 alty. The amount of the civil penalty shall not exceed

3 $100,000 for each violation. Each day of a continu4 ing violation shall constitute a separate offense. The

5 amount of such civil penalty shall be assessed by the

6 Secretary by written notice. In determining the

7 amount of such penalty, the Secretary shall take

8 into account the nature, circumstances, extent, and

9 gravity of the prohibited acts committed and, with

10 respect to the violation, the degree of culpability,

11 any history of prior offenses, and such other matters

12 as justice may require.

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

14 remit, with or without conditions, any civil penalty

15 that is subject to imposition or that has been im16 posed under this section.

17 (b) LICENSE SANCTIONS.—

18 (1) In any case in which—

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

20 used in the commission of an act prohibited

21 under section 6;

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

23 any other person who has been issued or has

24 applied for a license under section 4 has acted

25 in violation of section 6; or
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1 (C) any amount in settlement of a civil for2 feiture imposed on a vessel or other property, or

3 any civil penalty or criminal fine imposed on a

4 vessel or owner or operator of a vessel of the

5 United States or any other person who has been

6 issued or has applied for a license under any

7 fishery resource statute enforced by the Sec8 retary, has not been paid and is overdue, the

9 Secretary may—

10 (i) revoke any license issued with re11 spect to such vessel or person, with or

12 without prejudice to the issuance of subse13 quent licenses;

14 (ii) suspend such license for a period

15 of time considered by the Secretary to be

16 appropriate;

17 (iii) deny such license; or

18 (iv) impose additional conditions and

19 restrictions on any license issued to or ap20 plied for by such vessel or person under

21 this Act.

22 (2) In imposing a sanction under this sub23 section, the Secretary shall take into account—
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1 (A) the nature, circumstances, extent, and

2 gravity of the prohibited acts for which the

3 sanction is imposed; and

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

5 of culpability, any history of prior offenses, and

6 such other matters as justice may require.

7 (3) Transfer of ownership of a vessel, by sale

8 or otherwise, shall not extinguish any license sanc9 tion that is in effect or is pending at the time of

10 transfer of ownership. Before executing the transfer

11 of ownership of a vessel, by sale or otherwise, the

12 owner shall disclose in writing to the prospective

13 transferee the existence of any license sanction that

14 will be in effect or pending with respect to the vessel

15 at the time of the transfer. The Secretary may waive

16 or compromise a sanction in the case of a transfer

17 pursuant to court order.

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

19 under this subsection for nonpayment of a civil pen20 alty or criminal fine, the Secretary shall reinstate

21 the license upon payment of the penalty or fine and

22 interest thereon at the prevailing rate.

23 (5) No sanctions shall be imposed under this

24 subsection unless there has been prior opportunity

25 for a hearing on the facts underlying the violation
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1 for which the sanction is imposed, either in conjunc2 tion with a civil penalty proceeding under this sec3 tion or otherwise.

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

5 hearing under this section, the Secretary may issue sub6 poenas for the attendance and testimony of witnesses and

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

8 and may administer oaths. Witnesses summoned shall be

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

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

11 or refusal to obey a subpoena served upon any person pur12 suant to this subsection, the district court of the United

13 States for any district in which such person is found, re14 sides, or transacts business, upon application by the Unit15 ed States and after notice to such person, shall have juris16 diction to issue an order requiring such person to appear

17 and give testimony before the Secretary or to appear and

18 produce documents before the Secretary, or both, and any

19 failure to obey such order of the court may be punished

20 by such court as a contempt thereof.

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

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

23 whose vessel a license sanction is imposed under sub24 section (b) (other than a license suspension for

25 nonpayment of penalty or fine) may obtain review thereof
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1 in the United States district court for the appropriate dis2 trict by filing a complaint against the Secretary in such

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

4 sanction. The Secretary shall promptly file in such court

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

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

7 28, United States Code. The findings and order of the

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

9 found to be supported by substantial evidence, as provided

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

11 (e) COLLECTION.—

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

13 a civil penalty after it has become a final and

14 unappealable order, or after the appropriate court

15 has entered final judgment in favor of the Secretary,

16 the matter shall be referred to the Attorney General,

17 who shall recover the amount assessed in any appro18 priate district court of the United States. In such

19 action, the validity and appropriateness of the final

20 order imposing the civil penalty shall not be subject

21 to review.

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

23 fishing gear, furniture, appurtenances, stores, and

24 cargo) used in the commission of an act prohibited

25 by section 6 shall be liable in rem for any civil pen-
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1 alty assessed for such violation under subsection (a)

2 and may be proceeded against in any district court

3 of the United States having jurisdiction thereof.

4 Such penalty shall constitute a maritime lien on

5 such vessel that may be recovered in an action in

6 rem in the district court of the United States having

7 jurisdiction over the vessel.

8 SEC. 9. CRIMINAL OFFENSES.

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

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

11 (8), or (9).

12 (b) PUNISHMENT.—Any offense described in sub13 section (a) is a class A misdemeanor punishable by a fine

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

15 not more than one year, or both; except that if in the com16 mission of any offense the person uses a dangerous weap17 on, engages in conduct that causes bodily injury to any

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

19 imminent bodily injury, the offense is a felony punishable

20 by a fine under title 18, United States Code, or imprison21 ment for not more than 10 years, or both.

22 SEC. 10. FORFEITURES.

23 (a) IN GENERAL.—Any high seas fishing vessel (in24 cluding its fishing gear, furniture, appurtenances, stores,

25 and cargo) used, and any living marine resources (or a
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1 fair market value thereof) taken or retained, in any man2 ner, in connection with or as a result of the commission

3 of any act prohibited by section 6 shall be subject to for4 feiture to the United States. All or part of such vessel

5 may, and all such living marine resources shall, be for6 feited to the United States pursuant to a civil proceeding

7 under this section.

8 (b) JURISDICTION OF DISTRICT COURTS.—Any dis9 trict court of the United States shall have jurisdiction,

10 upon application of the Attorney General on behalf of the

11 United States, to order any forfeiture authorized under

12 subsection (a) and any action provided for under sub13 section (d).

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

15 United States in a civil forfeiture proceeding under this

16 section, the Attorney General may seize any property or

17 other interest declared forfeited to the United States,

18 which has not previously been seized pursuant to this Act

19 or for which security has not previously been obtained.

20 The provisions of the customs laws relating to—

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

22 property for violation of the customs law;

23 (2) the disposition of such property or the pro24 ceeds from the sale thereof; and
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1 (3) the remission or mitigation of any such for2 feiture; shall apply to seizures and forfeitures in3 curred, or alleged to have been incurred, under the

4 provisions of this Act, unless such provisions are in5 consistent with the purposes, policy, and provisions

6 of this Act.

7 (d) PROCEDURE.—

8 (1) Any officer authorized to serve any process

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

10 shall—

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

12 (B) discharge any living marine resources

13 seized pursuant to such process;

14 upon receipt of a satisfactory bond or other security

15 from any person claiming such property. Such bond

16 or other security shall be conditioned upon such per17 son delivering such property to the appropriate court

18 upon order thereof, without any impairment of its

19 value, or paying the monetary value of such property

20 pursuant to an order of such court. Judgment shall

21 be recoverable on such bond or other security

22 against both the principal and any sureties in the

23 event that any condition thereof is breached, as de24 termined by such court.
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1 (2) Any living marine resources seized pursuant

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

3 the appropriate court, for not less than the fair mar4 ket value thereof. The proceeds of any such sale

5 shall be deposited with such court pending the dis6 position of the matter involved.

7 (e) REBUTTABLE PRESUMPTION.—For purposes of

8 this section, all living marine resources found on board

9 a high seas fishing vessel and which are seized in connec10 tion with an act prohibited by section 6 are presumed to

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

12 the presumption can be rebutted by an appropriate show13 ing of evidence to the contrary.

14 SEC. 11. EFFECTIVE DATE.

15 This Act shall take effect 6 months after the entry

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

17 of enactment of this Act, whichever is later.

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