Page:United States Statutes at Large Volume 106 Part 6.djvu/547

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PUBLIC LAW 102-587—NOV. 4, 1992 106 STAT. 5105 fish (or a fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by section 1810 shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish shall, be forfeited to the United States pursuant to a civil proceeding under this section. (2) Any district court of the United States shall have jurisdic- Courts. tion, upon application of the Attorney General on behalf of the United States, to order any forfeiture authorized under paragraph (1) and any action provided for under paragraph (4). (3) 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 title or for which security has not previously been obtained. The provisions of the customs laws relating to— (A) the seizure, forfeiture, and condemnation of property for violation of the customs law; (B) the disposition of such property or the proceeds from the sale thereof; and (C) the remission or mitigation of any such forfeitiu-e; shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title, unless such provisions are inconsistent with the purposes, policy, and provisions of this title. (4)(A) Any officer authorized to serve any process in rem that is issued by a court having jurisdiction under section 8009(b) shall— (i) stay the execution of such process; or (ii) discharge any fish 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 monetary 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 determined by such court. (B) Any fish seized pursuant to this title may be sold, subject to the approval and direction of the appropriate court, for not less than the fair market value thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter involved. (5) For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel and which is seized in connection with an act prohibited by section 8010 were taken or retained in violation of the Convention and this title. SEC. 8012. FUNDING REQUIREMENTS. 16 USC 5011. (a) AUTHORIZATION.— There are authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this title, including— (1) necessary travel expenses of the United States Commissioners or Alternate Commissioners; and