Sec. 107. Enforcement
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Section 311(d) ( 16 U.S.C. 1861(d) ) is amended to read as follows: The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act. Any such court may, at any time— enter restraining orders or prohibitions; issue warrants, process in rem, or other process; prescribe and accept satisfactory bonds or other security; and take such other actions as are in the interest of justice. In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that— in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. .
Nothing in this section, or the amendments made by paragraph (1), shall be construed to affect any case or controversy commenced, or any case or controversy pending before a district court of the United States, prior to the date of enactment of this Act. Section 311(e) ( 16 U.S.C. 1861(e) ) is amended— in paragraph (1)— by striking “Notwithstanding any other provision of law” and inserting ; In general .—Except as otherwise required under section 204(e)(8) in subparagraph (E), by striking ; and and inserting a semicolon; in subparagraph (F), by striking the period at the end and inserting ; and ; and by adding after subparagraph (F), the following: the costs of stock assessments, surveys, and data collection in fisheries managed under this Act. ; by redesignating paragraph
(2)as paragraph (3); in paragraph (3), as redesignated, by striking Any person and inserting ; and Liability for costs incurred .—Any person by inserting after paragraph
(1)the following: There is established in the Treasury a non-interest bearing fund to be known as the Fisheries Enforcement Fund, into which shall be deposited all sums received as described in paragraph (1), which shall remain available to the Secretary until expended as authorized in paragraph (1), without appropriation or fiscal year limitation. . Section 311 ( 16 U.S.C. 1861 ) is amended— by redesignating subsections
(d)through
(j)as subsections
(e)through (k), respectively; and by inserting after subsection
(c)the following: Notwithstanding section 559 of title 5, United States Code, with respect to any marine resource conservation law or regulation administered by the Secretary acting through the National Oceanic and Atmospheric Administration, all adjudicatory functions that are required by chapter 5 of title 5, United States Code to be performed by an administrative law judge may be performed by another Federal agency on a reimbursable basis. If another Federal agency performing adjudicatory functions under paragraph
(1)requires the detail of an administrative law judge to perform any of these functions, such Federal agency may request temporary or occasional assistance from the Office of Personnel Management under section 3344 of title 5, United States Code. . Sections 110 and 111 of title I of Division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 ; 16 U.S.C. 1861 note), are repealed. Section 304(k)(1), as added by section 103(e) of this Act, is amended— in subparagraph (C), by striking ; and and inserting a semicolon; in subparagraph (D), by striking the period at the end and inserting ; and ; and by adding at the end the following: the Fisheries Enforcement Fund established under section 311(e)(2). . Section 310 ( 16 U.S.C. 1860 ) is amended— in subsection (b), by striking section 311(d) and inserting section 311(e) ; and in subsection (d), by striking section 311(d) each place it appears and inserting subsection 311(e) . Section 308 of the Atlantic Salmon Convention Act of 1982 ( 16 U.S.C. 3607 ) is amended by striking and
(d)each place it appears and inserting and
(e).
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- Pub. L. 112-55
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