Page:United States Statutes at Large Volume 110 Part 5.djvu/525

 PUBLIC LAW 104-297—OCT. 11, 1996 110 STAT. 3599 trict by filing a complaint against the Secretary in such court within 30 days from the date of such order.". (c) Section 308(g)(1)(C) (16 U.S.C. 1858(g)(1)(C)) is amended by striking the matter from "or (C) any" through "overdue," and inserting the following: "(C) any amount in settlement of a civil forfeiture imposed on a vessel or other property, or any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any marine resource law enforced by the Secretary has not been paid and is overdue, or (D) any payment required for observer services provided to or contracted by an owner or operator who has been issued a permit or applied for a permit under any mgirine resource law administered by the Secretary has not been pedd and is overdue,". (d) Section 310(e) (16 U.S.C. 1860(e)) is amended by adding at the end the following new paragraph: "(3) For purposes of this Act, it shall be a rebuttable presumption that any vessel that is shoreward of the outer boundary of the exclusive economic zone of the United States or beyond the exclusive economic zone of any nation, and that has gear on board that is capable of use for large-scale driftnet fishing, is engaged in such fishing.". SEC. 115. ENFORCEMENT. (a) The second sentence of section 311(d) (16 U.S.C. 1861(d)) is amended— (1) by striking "Guam, any Commonwealth, territory, or" and inserting "Guam or any"; and (2) by inserting a comma before the period and the following: "and except that in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Marisma Islands". (b) Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended— (1) by striking "fishery" each place it appears and inserting "marine"; (2) by inserting "of not less than 20 percent of the penalty collected or $20,000, whichever is the lesser amount," after "reward" in subparagraph (B), and (3) by striking subparagraph (E) and inserting the following: "(E) claims of parties in interest to property disposed of under section 612(b) of the Tariff Act of 1930 (19 U.S.C. 1612(b)), as made applicable by section 310(c) of this Act or by any other marine resource law enforced by the Secretary, to seizures made by the Secretary, in amounts determined by the Secretary to be applicable to such claims at the time of seizure; and". (c) Section 311(e)(2) (16 U.S.C. 1861(e)(2)) is amended to read as follows: "(2) Any person found in an administrative or judicial proceeding to have violated this Act or any other marine resource law enforced by the Secretary shall be liable for the cost incurred in the sale, storage, care, and maintenance of any fish or other property lawfully seized in connection with the violation.".

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