Page:United States Statutes at Large Volume 99 Part 1.djvu/35

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PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-5—MAR. 15, 1985 (6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section. (b) Any person who commits any act that is unlawful under subsection (a) of this section shall be liable to the United States for a civil penalty as provided by section 308 of the Magnuson Act (16 U.S.C. 1858). (6) Any person who commits an act that is unlawful under paragraph (2), (3), (4), or (6) of subsection (a) of this section shall be guilty of an offense punishable as provided by section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)). (d)(l) Any vessel (including its gear, furniture, appurtenances, stores, and cargo) used in the commission of an act which is prohibited under subsection (a) of this section, 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 which is prohibited by subsection (a) of this section, shall be subject to forfeiture as provided by section 310 of the Maygnuson Act (16 U.S.C. 1860). (2) 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 regulation of the Secretary. (e) The Secretary and the Secretary of the Department in which the C!oast Guard is operating shall enforce the provisions of this title and shall have the authority provided by subsections 311(a), (b)(D, and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(D, and (c)). (f) 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 interest of justice. SEC. 9. GENERAL STANDARD.

99 STAT. 13

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': 016 USC 3638.

All actions taken under sections 3(g), 4, 6, and 7 shall— (a) take into account the best scientific information available; (b) result in measures necessary and appropriate for the conservation, management, utilization and development of the Pacific salmon resource, with due consideration of social and economic concerns; and (c) be consistent with United States obligations under the Treaty, domestic Indian treaties and other applicable law. SEC. 10. ADVISORY COMMITTEE.

(a) The United States Section shall appoint an advisory committee of not less than twelve but not more than twenty members who are knowledgeable and experienced with respect to fisheries subject to the Treaty. One-half the membership of the committee shall be residents of the State of Alaska and one member shall be a resident of the State of Idaho. Each member shall serve a term of two years and shall be eligible for reappointment. (b) Members of the advisory committee may attend all public meetings of the Commission and Panels and all nonexecutive sessions of the United States Section and United States Panel sections. At nonexecutive meetings of the United States Section and United

16 USC 3639.