Page:United States Statutes at Large Volume 86.djvu/828

 786

PUBLIC LAW 92-471-OCT. 9, 1972

4 UST 380.

62 Stat. 974.

Ante,

p. 784.

68 Stat. 7 0 1, 16 USC 1032. U.S. Commissioners. 16 USC 1022.

[86

STAT.

within their respective jurisdictions, upon jjroper oath oi- affiimation showing probable cause, issue warrants in all such cases. Any person authorized to enforce the provisions of the Convention, this Act, or the regulations issued pursuant thereto may, except in the case of a first offense, seize, whenever and wherever lawfully found, all fish taken or retained, and all fishing gear involved in fishing, contrary to the provisions of the Convention or this Act or to regulations issued pursuant thereto. Any property so seized shall not be disposed of except l)ursuant to the order of a court of competent jurisdiction or the provisions of subsection (b) of this section, or, if perishable, in the manner prescribed by regulations of the Secretary of Commerce. "(b) Notwithstanding the provisions of section 2464 of title 28, ("'nited States Code, when a warrant of arrest or other process in rem is issued in any cause under this section, the marehal or other officer shall stay the execution of such process, or discharge any property .seized if the process has been levied, on receiving from the claimant of the property a bond or stipulation for double the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the property seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court.". SEC. 107. (a) I n subsection (b) of section 9 of the Act, as so redesignated by section 102 of this title, strike out "Coast Guard in cooperation with the Fish and Wildlife Service and the Bureau of Customs" and insert in lieu thereof "Secretary of the Department in which the Coast Guard is operating, in cooperation with the Secretary of Commerce and the Secretary of the Treasury". (b) In subsections (c) and (e) of section 9 of the Act, as so redesignated by section 102 of this title, strike out "Fish and Wildlife Service" and insert in lieu thereof "Department of Commerce". (c) In subsection (f) of section 9 of the Act, as so redesignated by section 103 of this title, and in subsection (b) of section 13 of such Act, strike out "Secretary of the Interior" and insert in lieu thereof "Secretary of Commerce". SEC. 108. (a) Section 3 of the Act is amended to read as follows: "SEC. 3. (a) The United States shall be represented on the Commission by not more than four United States Commissioners to be appointed by the President and to serve at his pleasure; except that after Januarys 1, 1973, (1) each United States Commissioner shall be jippointed for a term of office of not to exceed four years, but is eligible for reappointment; and (2) any United States Commissioner may be appointed for a lesser term if necessary to insure that the term of office of not more than one Commissioner will expire in any one year. Of such Commissioners, who shall receive no compensation for their services as Commissioners, one shall be an official of the United States Government, and each of the others shall be a person residing in a State, the residents of which maintain a substantial fishery in the Convention area. "(b) The Secretary of State, in consultation with the Secretary of Commerce, may designate from time to time Alternate United States Commissioners to the Commission. An Alternate United States Commissioner may exercise, at any meeting of the Commission or of the United States Section or of the Advisory Committee established pur-

�