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SEC. 9. CRIMINAL OFFENSES.
(a) OFFENSES.—A person is guilty of an offense if
the person commits any act prohibited by section 6 (f),
(g), (h), or (i).
(b) PUNISHMENT.—Any offense described in para-
graph (a) is a class A misdemeanor punishable by a fine
under title 18, United States Code, or imprisonment for
not more than one year, or both; except that if in the com-
mission of any offense the person uses a dangerous weap-
on, engages in conduct that causes bodily injury to any
authorized officer, or places any such officer in fear of
imminent bodily injury, the offense is a felony punishable
by a fine under title 18, United States Code, or imprison-
ment for not more than ten years, or both.
SEC. 10. FORFEITURES.
(a) GENERAL.—Any fishing vessel (including its fish-
ing gear, furniture, appurtenances, stores, and cargo)
used, and any living marine resources (or a fair market
value thereof) taken or retained, in any manner, in con-
nection with or as a result of the commission of any act
prohibited by section 6 shall be subject to forfeiture to
the United States. All or part of such vessel may, and
all such living marine resources shall, be forfeited to the
United States pursuant to a civil proceeding under this
section.
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(b) JURISDICTION OF DISTRICT COURTS.—Any dis-
trict court of the United States shall have jurisdiction,
upon application of the Attorney General on behalf of the
United States, to order any forfeiture authorized under
paragraph (a) and any action provided for under para-
graph (d).
(c) JUDGMENT.—If a judgment is entered for the
United States in a civil forfeiture proceeding under this
section, the Attorney General may seize any property or
other interest declared forfeited to the United States,
which has not previously been seized pursuant to this Act
or for which security has not previously been obtained.
The provisions of the customs laws relating to—
(1) the seizure, forfeiture, and condemnation of
property for violation of the customs law;
(2) the disposition of such property or the pro-
ceeds from the sale thereof; and
(3) the remission or mitigation of any such for-
feiture; shall apply to seizures and forfeitures in-
curred, or alleged to have been incurred, under the
provisions of this Act, unless such provisions are in-
consistent with the purposes, policy, and provisions
of this Act.
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(d) PROCEDURE.—(1) Any officer authorized to serve
any process in rem that is issued by a court under section
7(b) shall—
(A) stay the execution of such process; or
(B) discharge any living marine resources
seized pursuant to such process;
upon receipt of a satisfactory bond or other security from
any person claiming such property. Such bond or other
security shall be conditioned upon such person delivering
such property to the appropriate court upon order thereof,
without any impairment of its value, or paying the mone-
tary value of such property pursuant to an order of such
court. Judgment shall be recoverable on such bond or
other security against both the principal and any sureties
in the event that any condition thereof is breached, as de-
termined by such court.
(2) Any living marine resources seized pursuant to
this Act may be sold, subject to the approval of the appro-
priate court, for not less than the fair market value there-
of. The proceeds of any such sale shall be deposited with
such court pending the disposition of the matter involved.
(e) REBUTTABLE PRESUMPTION.—For purposes of
this section, it shall be a rebuttable presumption that all
living marine resources found on board a high seas fishing
vessel and which are seized in connection with an act pro-
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hibited by section 6 were taken or retained in violation
of this Act.
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