Page:United States Statutes at Large Volume 110 Part 5.djvu/524

 110 STAT. 3598 PUBLIC LAW 104-297—OCT. 11, 1996 "(L) to forcibly assault, resist, oppose, impede, intimidate, sexually heirass, bribe, or interfere with any observer on a vessel under this Act, or any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this Act;". (d) Section 307(1) (16 U.S.C. 1857(1)) is amended— (1) by striking "or" at the end of subparagraph (M); (2) by striking "pollock." in subparagraph (N) gind inserting "pollock; or"; and (3) by adding at the end the following: "(O) to knowingly and willfully fail to disclose, or to falsely disclose, smy financial interest as required under section 302(j), or to knowingly vote on a Council decision in violation of section 302(j)(7)(A).". (e) Section 307(2)(A) (16 U.S.C. 1857(2)(A)) is amended to read as follows: "(A) in fishing within the boundaries of any State, except— "(i) recreational fishing permitted under section 201(i); "(ii) fish processing permitted under section 306(c); or "(iii) transshipment at sea of fish or fish products within the boundaries of any State in accordance with a permit approved under section 204(d);". (f) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended— (1) by striking "(j)" and inserting "(i)"; and (2) by striking "204(b) or (c)" and inserting "204(b), (c), or (d)". (g) Section 307(3) (16 U.S.C. 1857(3)) is amended to read as follows: "(3) for any vessel of the United States, and for the owner or operator of any vessel of the United States, to trsinsfer at sea directly or indirectly, or attempt to so transfer at sea, any United States harvested fish to any foreign fishing vessel, while such foreign vessel is within the exclusive economic zone or within the boundaries of any State except to the extent that the foreign fishing vessel has been permitted under section 204(d) or section 306(c) to receive such fish;", (h) Section 307(4) (16 U.S.C. 1857(4)) is amended by inserting "or within the boundaries of any State" after "zone". SEC. 114. CIVIL PENALTIES AND PERMIT SANCTIONS; REBUTTABLE PRESUMPTIONS. (a) Section 308(a) (16 U.S.C. 1858(a)) is amended by striking "ability to pay," and adding at the end the following new sentence: "In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing.". (b) The first sentence of section 308(b) (16 U.S.C. 1858(b)) is amended to read as follows: "Any person against whom a civil penalty is assessed under subsection (a) or against whom a permit sanction is imposed under subsection (g) (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court fpr the appropriate dis-

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