Page:United States Statutes at Large Volume 92 Part 2.djvu/776

 92 STAT. 2 0 5 6

Property disposal, regulation.

PUBLIC LAW 95-541—OCT. 28, 1978 (d) FORFEITURE.— (1) Any animal or plant with respect to which an act prohibited by section 4(a) is committed shall be subject tO' forfeiture to the United States. (2) All givns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used in the commission of any act prohibited by section 4(a) shall be subject to forfeiture to the United States. (3) Upon the forfeitiire to the United States of any property or item described in paragraph (1) or (2), or upon the abandonment or waiver of any claim to any such property or item, it shall be disposed of by the Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of the Interior, or the Secretary of the department in which the Coast G u a r d is operating, as the case may be, in such a manner, consistent with the purposes of the Act, as may be prescribed by regulation; except that no native mammal, native bird, or native plant may be disposed of by sale to the public. (e) APPLICATION OF CUSTOMS LAWS.^—All provisions of law r e l a t i n g

Regulations.

16 USC 2410.

16 USC 2411.

16 USC 2412.

to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provision of this Act, insofar as such provisions of law a r e applicable and not inconsistent with the provisions of this Act; except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Customs Service may, for the purposes of this Act, also be exercised or performed by the Director, the Secretary of Commerce, the Secretary of the Interior, or the Secretary of the department in which the Coast G u a r d is operating, or by such persons as each may designate. (f) REGULATIONS.—The Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of the Interior, and the Secretary of the department in which the Coast G u a r d is operating may prescribe such regulations as may be appropriate to enforce the provisions of this Act and of any regulation prescribed o r permit issued under this Act, and charge reasonable fees for the expenses of the United States incurred in carrying out inspections and in transferring, boarding, handling, or storing native mammals, native bird^, native plants, animals and plants not indigenous to Antarctica, and other evidentiary items seized or forfeited under this Act. SEC. 11. JURISDICTION OF COURTS. The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act or of any regulation prescribed, or permit issued, under this Act. SEC. 12. FEDERAL AGENCY COOPERATION. E a c h Federal department or agency whose activities affect A n t a r c tica shall utilize, to the maximum extent practicable, its authorities in furtherance of the purposes of this Act, and shall cooperate with the Director in carrying out the purposes of this Act. SEC. 13. RELATIONSHIP TO EXISTING TREATIES. Nothing in this Act shall be construed as contravening or superseding the provisions of any international treaty, convention, or agreement, if such treaty, convention, or agreement is in force with respect to the United States on the date of the enactment of this Act, or of any statute which implements any such treaty, convention, o r agreement.

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