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tion it shall also provide that the person or vessel arrested or seized shall be promptly handed over to a United States enforce ment officer or another authorized United States official.

(c) 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 marshall or other officer shall stay the execution of such process, or discharge any fish seized if the process has been levied, on receiving from the claimant of the fish 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 fish 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. In the discretion of the accused, and subject to the direction of the court, the fish may be sold for not less than its reasonable market value at the time of seizure and the proceeds of such sale placed in the registry of the court pending judgment in the case. COOPERATION: COMMISSION'S FUNCTIONS NOT RESTRAINED BY THIS ACT

OR STATE LAWS Sec. 9.20 (a) The United States Commissioners, through the Secretary of State and with the concurrence of the agency, institution, or organization concerned, may arrange for the cooperation of agencies of the United States Government, and of State and private institutions and organizations in carrying out the provisions of article IV of the Convention.

(b) All agencies of the Federal Government are authorized, upon the request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the Convention.

(c) None of the prohibitions deriving from this Act, or contained in the laws or regulations of any State, shall prevent the Commission from conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation, or shall prevent the Commission from discharging any other duties prescribed by the Convention.

(d)(1) Except as provided in paragraph (2) of this subsection, nothing in this Act shall be construed so as to diminish or to increase the jurisdiction of any State in the territorial sea of the United States.

(2) In the event a State does not request a formal hearing and after notice by the Secretary, the regulations promulgated pursuant to this Act to implement recommendations of the Commission shall apply within the boundaries of any State bordering on any Convention area if the Secretary determines that any such State(A) has not, within a reasonable period of time after the pro mulgation of regulations pursuant to this Act, enacted laws or promulgated regulations which implement any such recommendation of the Commission within the boundaries of such State; or

20 16 U.S.C. 971g.

(B) has enacted laws or promulgated regulations which (i) are less restrictive than the regulations promulgated pursuant

to this Act, or (ii) are not effectively enforced. If a State requests the opportunity for an agency hearing on the record, the Secretary shall not apply regulations promulgated pursuant to this act within that State's boundaries unless the hearing record supports a determination under paragraph (A) or (B). Such regulations shall apply until the Secretary determines that the State is effectively enforcing within its boundaries measures which are not less restrictive than such regulations.

(e) To insure that the purposes of subsection (d) are carried out, the Secretary shall undertake a continuing review of the laws and regulations of all States to which subsection (d) applies or may apply and the extent to which such laws and regulations are enforced.

APPROPRIATIONS SEC. 10.21 There are authorized to be appropriated to carry out this Act, including use for payment of the United States share of the joint expenses of the Commission as provided in article X of the Convention, not more than $2,000,000 for each of the fiscal years 1989, 1990, 1991, 1992, and 1993.


Sec. 11.22 If any provision of this Act or the application of such provision to any circumstance or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or persons shall not be affected thereby.

21 16 U.S.C. 971h. Sec. 208 of the Fishery Conservation Amendments of 1990 (Public Law 101627; 104 Stat. 4462) amended and restated sec. 10, extending the authorization of appropriations through fiscal years 1989 through 1993. Previously, Public Law 95-33 (91 Stat. 173) extended the authorization through fiscal year 1980. Sec. 1(2) of Public Law 96-339 (94 Stat. 1069) further extended the authorization through fiscal year 1983. Sec. 101 of Public Law 98-44 (97 Stat. 216) extended the authorization through fiscal year 1986. Sec. 404 of Public Law 99-659 (100 Stat. 3737) extended the authorization through fiscal year 1989.

22 16 U.S.C. 971 note.

4. Nonindigenous Aquatic Nuisance Prevention and Control Act

of 1990 1

Partial text of Public Law 101-646 (H.R. 5390) 104 Stat. 4761, approved November

29, 1990

AN ACT To prevent and control infestations of the coastal inland waters of the

United States by the zebra mussel and other nonindigenous aquatic nuisance species, to reauthorize the National Sea Grant College Program, and for other purposes.



"Subtitle A-General Provisions


“This title may be cited as the “Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990".

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“Subtitle C-Prevention and Control of Aquatic Nuisance Species


"(a) ADVICE.— The Task Force 4 shall provide timely advice to the Secretary of State concerning aquatic nuisance species that infest waters shared with other countries.

"(b)NEGOTIATIONS.— The Secretary of State, in consultation with the Task Force, is encouraged to initiate negotiations with the governments of foreign countries concerning the planning and implementation of prevention, monitoring, research, education, and control programs related to aquatic nuisance species infesting shared water resources.

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"Subtitle E-Cooperative Environmental Analyses "SEC. 1401.5 ENVIRONMENTAL IMPACT ANALYSES.

"The Secretary of State, in consultation with the Council on Environmental Quality, is encouraged to enter into negotiations with the governments of Canada and Mexico to provide for reciprocal environmental impact analyses of major Federal actions which

? This Act was enrolled and printed in its entirety in quotation marks, as shown here. The Act, however, is freestanding, as should not be enclosed in quotation marks.

2 16 U.S.C. 4701 note. 3 16 U.S.C. 4726.

4 The Aquatic Nuisance Species Task Force, as established by sec. 1201 of this Act, is directed largely to matters within the United States. See 16 U.S.C. 4721. 5 16 U.S.C. 4751.

5. Dolphin Protection Consumer Information Act Title IX of Public Law 101-627 (Fishery Conservation Amendments of 1990; H.R.

2061) 104 Stat. 4436 at 4465, approved November 28, 1990 AN ACT To authorize appropriations to carry out the Magnuson Fishery Conservation and Management Act through fiscal year 1993, and for other purposes.



DOLPHIN PROTECTION SEC. 901.1 (a) SHORT TITLE.—This section may be cited as the "Dolphin Protection Consumer Information Act". (b) FINDINGS. - The Congress finds that

(1) dolphins and other marine mammals are frequently killed in the course of tuna fishing operations in the eastern tropical Pacific Ocean and high seas driftnet fishing in other parts of the world;

(2) it is the policy of the United States to support a worldwide ban on high seas driftnet fishing, in part because of the harmful effects that such driftnets have on marine mammals, including dolphins; and

(3) consumers would like to know if the tuna they purchase is falsely labeled as the effect of harvesting of the tuna on dol

phins. (c) DEFINITIONS.—For purposes of this section

(1) the terms “driftnet” and “driftnet fishing" have the meanings given those terms in section 4003 of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note);

(2) the term "eastern tropical Pacific Ocean” means the area of the Pacific Ocean bounded by 40 degrees north latitude, 40 degrees south latitude, 160 degrees west longitude, and the western coastlines of North, Central, and South America;

(3) the term "label” means a display of written, printed, or graphic matter on or affixed to the immediate container of any article:

(4) the term “Secretary” means the Secretary of Commerce; and

(5) the term “tuna product” means a food item which contains tuna and which has been processed for retail sale, except perishable sandwiches, salads, or other products with a shelf life of less than 3 days.


1 16 U.S.C. 1835. 2 For text, see page 161.

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