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tion and Management Act (16 U.S.C. 1825(a(4)(C)) if the seizure is consistent with the Agreement. SEC. - DISPOSITION OF FEES.
All fees accruing to the United States under Article III Of the Agreement shall be deposited into the Treasury of the United States. SEC. 7.5 REGULATIONS.
The Secretary of Commerce, in cooperation with the Secretary of State of the department in which the Coast Guard is operating, shall issue such regulations as may be necessary to carry out the purposes and objectives of the Agreement and this Act. Regulations may be made applicable as necessary to all persons and vessels subject to the jurisdiction of the United States, wherever located. Regulations concerning the conservation of a designated species of tuna may be issued only to implement conservation recommendations made by the Council under Article 3(D) of the Agreement. SEC. 8.' PROHIBITED ACTS.
(a) It is unlawful for any person subject to the jurisdiction of the United States
(1) to engage in fishing for a designated species of tuna within the Agreement Area unless issued a license under the Agreement authorizing such fishing;
(2) to engage in fishing for a designated species of tuna within the Agreement area in contravention of regulations promulgated by the Secretary of the Commerce under the Agreement:
(3) knowingly to ship, transport, purchase, sell, offer for sale, export, or have in custody, possession, or control any designated species of tuna taken or retained in violation of regulations issued under section 7;
(4) to fail to make, keep, or furnish any catch return, statistical record, or other report required by regulations issued under section 7;
(5) being a person in charge of a vessel of the United States, to fail to stop upon being hailed by an authorized official of the United States, or to refuse to permit officials of the United States to board the vessel or inspect its catch, equipment, books, documents, records, or other articles, or to question individuals on board; or
(6) to import from any country, in violation of any regulation issued under section 7, any designated species of tuna. (b) Any person who is convicted of violating
(1) subsection (a)(1), (a)(2), (a)(3) shall be fined or assessed a civil penalty not more than $25,000, and for a subsequent violation shall be fined or assessed a civil penalty not more than $50,000;
(2) subsection (a)(4) or (a)(5) shall be fined or assessed a civil penalty not more than $5,000, and for a subsequent violation
5 16 U.S.C. 972d. 6 16 U.S.C. 972e. 7 16 U.S.C. 9727.
shall be fined or assessed a civil penalty not more than $5,000; or
(3) subsection (a)(6) shall be fined or assessed a civil penalty not more than $100,000. (c) All designated species of tuna taken or retained in violation of subsection (a) (1), (2), (3), or (6), or the monetary value thereof, is subject to forfeiture.
(d) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act. SEC. 9.8 ENFORCEMENT.
(a) The judges of the United States district courts and United States magistrates may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and the regulations issued under section 7.
(b) The enforcement of this Act and the regulations issued under section 7 shall be the joint responsibility of the department in which the Coast Guard is operating, the Department of Commerce, and the United States Customs Service. In addition, the Secretary of Commerce may designate officers and employees of the States of the United States, of the Commonwealth of Puerto Rico, and of American Samoa to carry out enforcement activities under this section. When so designated, such officers and employees may function as Federal law enforcement agents for these purposes.
(c) An individual authorized to carry out enforcement activities under this section has power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act.
(d) An individual so authorized to carry out enforcement activities under this section has power
(1) with or without a warrant or other process, to arrest any person subject to the jurisdiction of the United States at any place within the jurisdiction of the United States committing in his presence or view a violation of this Act or the regulations issued under section 7;
(2) with or without a warrant or other process, to search any vessel subject to the jurisdiction of the United States, and, if as a result of the search he has reasonable cause to believe that such vessel or any individual on board is engaging in operations in violation of this Act or any regulation issued thereun
der to arrest such person. (e) An individual authorized to enforce this Act may seize, whenever or wherever lawfully found, all species of designated tuna taken or retained in violation of this Act or the regulations issued under section 7. Any species so seized may be disposed of pursuant to the order of a court of competent jurisdiction, under subsection (f) of this section or, if perishable, in a manner prescribed by regulations of the Secretary of Commerce.
8 16 U.S.C. 972g.
(f) Notwithstanding the provisions of section 2464 of title 28, United States Code, when a warrant of arrest or other process in rem is issued in any cause under this section, the marshal or other officer shall stay the execution of such process, or discharge any species of designated tuna seized if the process has been levied, on receiving from the claimant of the species a bond or stipulation for 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 species seized, if condemned, without impairment in value or, in the discretion of the court, to pay the equivalent value in money or otherwise to answer the decree of the court in such case. 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. In the discretion of the accused, and subject to the direction of the court, the species may be sold for not less than its reasonable market value and the proceeds of such sale placed in the registry of the court pending judgment in the case. SEC. 10.9 AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years after fiscal year 1984 such sums as may be necessary to carry out this Act.
916 U.S.C. 972h.
d. Atlantic Tunas Convention Act of 1975, Appropriation
Partial text of Public Law 96-339 (S. 2549), 94 Stat. 1069, approved September 4,
AN ACT To authorize appropriations for fiscal years 1981, 1982, and 1983 for the
Atlantic Tunas Convention Act of 1975, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AMENDMENTS TO ATLANTIC TUNAS CONVENTION ACT OF
SEC. 2.1 OBSERVER PROGRAM REGARDING CERTAIN FOREIGN FISHING. (a) DEFINITIONS.-As used in this section
(1) The term “Act of 1976” means the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.).
(2) The term "billfish" means any species of marlin, spearfish, sailfish or swordfish.
(3) The term “Secretary” means the Secretary of Commerce. (b) OBSERVER PROGRAM.-The Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel
(1) is in waters that are within
(A) the fishery conservation zone 2 established under section 101 of the Act of 1976, and
(B) the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic
Tunas; and (2) is taking or attempting to take any species of fish if such taking or attempting to take may result in the incidental
taking of billfish. The Secretary may acquire observers for such program through contract with qualified private persons.
(c) FUNCTIONS OF OBSERVERS.—United States observers, while aboard foreign fishing vessels as required under subsection (b), shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out this section.
(d) Fish.—There is imposed for each year after 1980 on the owner or operator or each foreign fishing vessel that, in the judgment of the Secretary, will engage in fishing in waters described in subsection (b)(1) during that year which may result in the incidental taking of billfish a fee in an amount sufficient to cover all of the costs of providing an observer aboard that vessel under the program established under subsection (a). The fees imposed under this subsection for any year shall be paid to the Secretary before that year begins. All fees collected by the Secretary under this subsection shall be deposited in the Fund established by subsection (e).
1 16 U.S.C. 1827.
2 The term "fishery conservation zone", as established in sec. 101 of the Magnuson Fishery Conservation and Management Act of 1976, was replaced with the term "exclusive economic zone”, by sec. 101(cX2) of Public Law 99-659 (100 Stat. 3707).
(e) FUND.-There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carry. ing out this section. The Fund shall consist of the fees deposited into it as required under subsection (d). All payments made by the Secretary to carry out this section shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.
(f) PROHIBITED ACTS.—(1) It is unlawful for any person who is the owner or operator of a foreign fishing vessel to which this section applies
(A) to violate any regulation issued under subsection (g);
(B) to refuse to pay the fee imposed under subsection (d) after being requested to do so by the Secretary; or
(C) to refuse to permit an individual who is authorized to act as an observer under this section with respect to that vessel to board the vessel for purposes of carrying out observer func
tions. (2) Section 308 of the Act of 1976 (relating to civil penalties) applies to any act that is unlawful under paragraph (1), and for purposes of such application the commission of any such act shall be treated as an act the commission of which is unlawful under section 307 of the Act of 1976.
(g) REGULATIONS.—The Secretary shall issue such regulations as are necessary or appropriate to carry out this section. SEC. 3.3 REPORTS REGARDING BLUEFIN TUNA.
The Secretary of Commerce shall prepare, for each biennial period commencing with the period covering calendar years 1981 and 1982, and submit to the Congress a report setting forth, with respect to such biennial period
(1) the level of taking of bluefin tuna by United States fishermen in the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas;
(2) the status of bluefin tuna stocks within such Convention area and the trends in their population level; and
(3) related information resulting from the implementation of
the observer program under section 2 of this Act. The report required under this section shall be submitted to the Congress within sixty days after the close of the biennial period covered by the report. There are authorized to be appropriated such sums as may be necessary to carry out this section.
316 U.S.C. 971i.