Page:United States Statutes at Large Volume 109 Part 1.djvu/396

 109 STAT. 380 PUBLIC LAW 104-43—NOV. 3, 1995 (5) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this section; or (6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other person has committed an act prohibited by this section. (b) CIVIL PENALTY. — Any person who commits any act that is unlawful under subsection (a) shall be liable to the United States for a civil penalty, or may be subject to a permit sanction, under section 308 of the Magnuson Act (16 U.S.C. 1858). (c) CRIMINAL PENALTY. — Any person who commits an act that is unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall be guilty of an offense punishable under section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)). (d) CIVIL FORFEITURES.— (1) IN GENERAL. —Any vessel (including its gear, furniture, appurtenances, stores, and cargo) used in the commission of an act that is unlawful under subsection (a), and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act that is unlawful under subsection (a), shall be subject to seizure and forfeiture as provided in section 310 of the Magnuson Act (16 U.S.C. 1860). Regulations. (2) DISPOSAL OF FISH. —Any fish seized pursuant to this title may be disposed of pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed by regulations issued by the Secretary. (e) ENFORCEMENT. — The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce the provisions of this title and shall have the authority specified in sections 311(a), (b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and (c)) for that purpose. (0 JURISDICTION OF COURTS.— The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under this section and may, at any time— (1) enter restraining orders or prohibitions; (2) issue warrants, process in rem, or other process; (3) prescribe and accept satisfactory bonds or other security; and (4) take such other actions as are in the interests of justice. 16 USC 5607. SEC. 208. CONSULTATIVE COMMITTEE. (a) ESTABLISHMENT. — The Secretary of State and the Secretary, shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention. (b) MEMBERSHIP. — (1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean. (2) TERMS AND REAPPOINTMENT.— Each member of the consultative committee shall serve for a term of two years and shall be eligible for reappointment.

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