Commission made pursuant to article VIII of the (I) impose such other requirements and pro- (4) Upon the promulgation of regulations provided for in paragraph (3) of this subsection, the Secretary shall promulgate, with the concurrence of the Secretary of State and pursuant to the procedures prescribed in paragraph (2) of this subsection, additional regulations which shall become effective simultaneously with the application of the regulations provided for in paragraph (3) of this subsection, which prohibit (A) the entry into the United States of fish in any form of those species which are subject to regulation pursuant to a recommendation of the Commission and which were taken from the Convention area in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the Commission; and (B) the entry into the United States, from any country when the vessels of such country are being used in the conduct of fishing operations in the Convention area in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the Commission, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the Commission and which were taken from the Convention area. (5) In the case of repeated and flagrant fishing operations in the Convention area by the vessels of any country which seriously threaten the achievement of the objectives of the Commission's recommendations, the Secretary with the concurrence of the Secretary of State, may by regulations promulgated pursuant to paragraph (2) of this subsection prohibit the entry in any form from such country of other species covered by the Convention as may be under investigation by the Commission and which were taken in the Convention area. Any such prohibition shall continue until the Secretary is satisfied that the condition warranting the prohibition no longer exists, except that all fish in any form of the species under regulation which were previously prohibited from entry shall continue to be prohibited from entry. (d) Commission recommendations concerning bluefin tuna; regulations. (1) Not withstanding1 section 971c(a) of this title and subsection (c) of this section, the recommendations of the Commission concerning bluefin tuna (Thunnus thynnus thynnus) which were proposed at the third regular meeting of the Council during the period beginning November 20 and ending November 26, 1974, shall apply with respect to persons and vessels subject to the jurisdiction of the United States immediately upon the taking effect of the regulations required to be promulgated under paragraph (2) of this subsection. 1 So in original. (2) Not later than the thirtieth day after August 5, 1975, the Secretary shall promulgate such regulations as may be necessary and appropriate to carry out the purposes of paragraph (1) of this subsection, including, after consultation with the Secretary of the department in which the Coast Guard is operating, regulations providing procedures and methods of enforcement. Notwithstanding provisions of section 553 of Title 5, such regulations may be promulgated without general notice of proposed rulemaking, and such regulations may take effect on the date they are published in the Federal Register. Such regulations shall remain in force and effect with respect to persons and vessels subject to the jurisdiction of the United States until the last date on which the recommendations referred to in paragraph (1) can take effect under paragraph (3) of article VIII of the Convention, and if such recommendations do take effect under the Convention with respect to the United States on or before such last date, such regulations shall remain in force and effect, subject to the provisions of the Convention and this chapter, for so long as such recommendations are so in effect. (Pub. L. 94-70, § 6, Aug. 5, 1975, 89 Stat. 387.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 971e of this title. § 971e. Violations; fines and forfeitures; related laws. (a) It shall be unlawful (1) for any person in charge of a fishing vessel or any fishing vessel subject to the jurisdiction of the United States to engage in fishing in violation of any regulation adopted pursuant to section 971d of this title; or (2) for any person subject to the jurisdiction of the United States to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish which he knows, or should have known, were taken or retained contrary to the recommendations of the Commission made pursuant to article VIII of the Convention and adopted as regulations pursuant to section 971d of this title, without regard to the citizenship of the person or vessel which took the fish. (b) It shall be unlawful for the master or any person in charge of any fishing vessel subject to the jurisdiction of the United States to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this chapter to be made, kept, or furnished by such master or person. (c) It shall be unlawful for the master or any person in charge of any fishing vessel subject to the jurisdiction of the United States to refuse to permit any person authorized to enforce the provisions of this chapter and any regulations adopted pursuant thereto, to board such vessel and inspect its catch, equipment, books, documents, records, or other articles or question the persons onboard in accordance with the provisions of this chapter, or the Convention, as the case may be, or to obstruct such officials in the execution of such duties. (d) It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 971d (c) or (d) of this title, from any country, any fish in any form of those species subject to regulation pursuant to a recommendation of the Commission, or any fish in any form not under regulation but under investigation by the Commission, during the period such fish have been denied entry in accordance with the provisions of section 971d (c) or (d) of this title. In the case of any fish as described in this subsection offered for entry in the United States, the Secretary shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 971d (c) or (d) of this title. (e) (1) Any person who (A) violates any provision of subsection (a) of this section shall be assessed a civil penalty of not more than $25,000, and for any subsequent violation of such subsection (a) shall be assessed a civil penalty of not more than $50,000; (B) violates any provision of subsection (b) or (c) of this section shall be assessed a civil penalty of not more than $1,000, and for any subsequent violation of such subsection (b) or (c) shall be assessed a civil penalty of not more than $5,000; or (C) violates any provision of subsection (d) of this section shall be assessed a civil penalty of not more than $100,000. (2) The Secretary is responsible for the assessment of the civil penalties provided for in paragraph (1). The Secretary may remit or mitigate any civil penalty assessed by him under this subsection for good cause shown. (3) No penalty shall be assessed under this subsection unless the person accused of committing any violation is given notice and opportunity for a hearing with respect to such violation. (4) Upon any failure of any person to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. (f) All fish taken or retained in violation of subsection (a) of this section, or the monetary value thereof, may be forfeited. (g) 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 the provisions of this chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter. (Pub. L. 94-70, § 7, Aug. 5, 1975, 89 Stat. 390.) § 971f. Enforcement. (a) Any person authorized in accordance with the provisions of this chapter to enforce the provisions of this chapter and the regulations issued thereunder may (1) with or without a warrant, board any vessel subject to the jurisdiction of the United States and inspect such vessel and its catch and, if as a result of such inspection, he has reasonable cause to believe that such vessel or any person on board is engaging in operations in violation of this chapter or any regulations issued thereunder, he may, with or without a warrant or other process, arrest such person; (2) arrest, with or without a warrant, any person who violates the provisions of this chapter or any regulation issued thereunder in his presence or view; (3) execute any warrant or other process issued by an officer or court of competent jurisdiction; and (4) seize, whenever and wherever lawfully found, all fish taken or retained by a vessel subject to the jurisdiction of the United States in violation of the provisions of this chapter or any regulations issued pursuant thereto. Any fish so seized may be disposed of pursuant to an order of a court of competent jurisdiction, or, if perishable, in a manner prescribed by regulation of the Secretary. (b) To the extent authorized under the convention or by agreements between the United States and any contracting party concluded pursuant to section 971c(b) of this title for international enforcement, the duly authorized officials of such party shall have the authority to carry out the enforcement activities specified in subsection (a) of this section with respect to persons or vessels subject to the jurisdiction of the United States, and the officials of the United States authorized pursuant to this section shall have the authority to carry out the enforcement activities specified in subsection (a) of this section with respect to persons or vessels subject to the jurisdiction of such party, except that where any agreement provides for arrest or seizure of persons or vessels under United States jurisdiction it shall also provide that the person or vessel arrested or seized shall be promptly handed over to a United States enforcement officer or another authorized United States official. (c) Notwithstanding the provisions of section 2464 of Title 28, 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 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. (Pub. L. 9470, § 8, Aug. 5, 1975, 89 Stat. 391.) § 971g. Cooperation in carrying out Convention; assistance to Commission; non-restraint of Commission functions; State jurisdiction; continuing review of State laws and regulations. (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 chapter, 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 chapter 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 chapter 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 promulgation of regulations pursuant to this chapter, enacted laws or promulgated regulations which implement any such rec ommendation of the Commission within the boundaries of such State; or (B) has enacted laws or promulgated regulations which (i) are less restrictive than the regulations promulgated pursuant to this chapter, 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 chapter 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) of this section are carried out, the Secretary shall undertake a continuing review of the laws and regulations of all States to which subsection (d) of this section applies or may apply and the extent to which such laws and regulations are enforced. (Pub. L. 94-70, § 9, Aug. 5, 1975, 89 Stat. 392.) § 971h. Authorization of appropriations. There are authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated, for fiscal year 1976, the period beginning July 1, 1976, and ending September 30, 1976, and fiscal year 1977 such sums as may be necessary for carrying out the purposes and provisions of this chapter, including (1) necessary travel expenses of the United States Commissioners, Alternate United States Commissioners, and authorized advisors in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of Title 5; and (2) the United States share of the joint expenses of the Commission as provided in article X of the convention. (Pub. L. 94-70, § 10, Aug. 5, 1975, 89 Stat. 393.) 3. Central, Western, and South Pacific Oceans Fisheries Resources Development Act 16 U.S.C. 758a note (See Preservation of Fishery Resources under this title) 4. Coastal Zone Management 16 U.S.C. 1451-1464 (See Coastal Zone Management under title VIII Oceanography) 5. Control of Jellyfish 16 U.S.C. 1201-1205 (See Control of Jellyfish under title XI Water Pollution) 6. Control of Obnoxious Plants in Navigable Waters 33 U.S.C. 610 (See Control of Obnoxious Plants in Navigable Waters under title XI Water Pollution) 7. Control of Starfish 16 U.S.C. 1211-1213 (See Control of Starfish under title XI Water Pollution) 8. Delegation of Functions to Director of Bureau of Budget Ex. Order 10654, 21 F.R. 511 (See Executive Order 10654 under title III Executive Orders) 9. Delegating to the Secretary of State Authority to Approve or Reject Recommendations and Actions of Certain Fisheries Commissions Ex. Ord. 11467 (See Ex. Ord. 11467 under title III Executive Orders) 10. Federal License of Water Resource Project; Fishways (See Federal License of Water Resource Projects; Fishways under title XII Water Resources) 11. Fish Protein Concentrate Study 22 U.S.C. 2178 § 2178. Fish and other protein concentrates. (a) Studies, marketing techniques, consumer acceptance, and nutrition; consultations with technical groups or agencies; participation by United States private enterprise. The President is authorized to conduct a program designed to demonstrate the potential and to encourage the use of fish and other protein concentrates as a practical means of reducing nutritional deficiencies in less developed countries and areas. This program shall include (1) studies and activities relating to food technology; (2) development of suitable marketing techniques; (3) development of consumer acceptance programs; and (4) feeding programs designed to demonstrate the nutritional value of fish and other protein concentrates as a diet supplement. In carrying out his functions under this section, the President shall consult with the National Council on Marine Resources and Engineering Development, appropriate Government agencies and other such technical groups or agencies as may be helpful with such activities. In accordance with section 2351 (b) of this title, the President shall encourage full participation in such program by United States private enterprise. (b) Use of available funds. The President is authorized to use funds made available under this subchapter for the purposes of this section, and is urged to use at least $2,500,000 of such funds for such purposes. (Pub. L. 87-195, pt. I, § 218, as added Pub. L. 90-137, pt. I, § 103(d), Nov. 14, 1967, 81 Stat. 450.) CROSS REFERENCES Fish research and experimentation program, see section 778d et seq. of Title 16, Conservation. Sec. 778. 12. Fish Research and Experimentation Program 16 U.S.C. 778-778h Establishment of experiment stations; purpose of research. 778a. Acquisition of lands; construction of buildings; employment of personnel; cooperation with other agencies; publication of results. 778b. Cooperation with Department of Agriculture. 778c. Authorization of appropriations. 778d. Fish protein concentrate; studies, research, and experiments. 778e. Same. (a) Demonstration plants. (b) Operation and maintenance; terms and conditions of contracts: compilation of records, including cost data; availability of records to public and Congress; public access to plants. (c) Access to records by Comptroller General; (d) Disposition of plant and equipment. 778f. Same; authorization of appropriations; availability 778h. Same; termination date. § 778. Establishment of experiment stations; purpose of research. The Secretary of the Interior is authorized and directed to establish an experiment station or stations for the purpose of carrying on a program of research and experimentation (1) to determine species of fishes most suitable for culture on a commercial basis in shallow reservoirs and flooded rice lands; (2) to determine methods for production of fingerling fishes for stocking in commercial reservoirs; (3) to develop methods for the control of parasites and diseases of brood fishes and of fingerlings prior to stocking; (4) to develop economical methods for raising the more desirable species of fishes to a marketable size; (5) to determine, in cooperation with the Department of Agriculture, the effects of fish-rice rotations, including crops other than rice commonly grown on rice farms, upon both the fish and other crops; and (6) to develop suitable methods for harvesting the fish crop and preparing it for marketing, including a study of sport fishing as a means of such harvest. (Pub. L. 85-342, § 1, Mar. 15, 1958, 72 Stat. 35.) § 778a. Acquisition of lands; construction of buildings; employment of personnel; cooperation with other agencies; publication of results. For the purpose of carrying out the provisions of this chapter, the Secretary of the Interior is authorized (1) to acquire by purchase, condemnation, or otherwise such suitable lands, to construct such buildings, to acquire such equipment and apparatus, and to employ such officers and employees as he deems necessary; (2) to cooperate with State and other institutions and agencies upon such terms and conditions as he determines to be appropriate; and (3) to make public the results of such research and experiments conducted pursuant to section 778 of this title. (Pub. L. 85-342, § 2, Mar. 15, 1958, 72 Stat. 35.) § 778b. Cooperation with Department of Agriculture. The Department of Agriculture is authorized to cooperate in carrying out the provisions of this chapter by furnishing such information and assistance as may be requested by the Secretary of the Interior. (Pub. L. 85-342, § 3, Mar. 15, 1958, 72 Stat. 35.) § 778c. Authorization of appropriations. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. (Pub. L. 85-342, § 4, Mar. .5, 1958, 72 Stat. 35.) § 778d. Fish protein concentrate; studies, research, and experiments. The Secretary of the Interior is authorized to conduct, and through grants to and contracts with public and private agencies to promote studies, research, and experiments designed to develop the best and most economical processes and methods to reduce fish which are in abundant supply and which are not now widely sought after for human food to a nutritious, wholesome, and stable fish protein concentrate, as well as to conduct food technology and feasibility studies with respect to such products. (Pub. L. 89-701, § 1, Nov. 2, 1966, 80 Stat. 1089.) § 778e. Same. (a) Demonstration plants. The Secretary is also authorized to construct not to exceed one experiment and demonstration plant for the production of a fish protein concentrate and to acquire by lease one additional plant for such purpose. Such plants shall be designed to demonstrate the reliability and practicability and the economic, engineering, and operating potentials of the processes and methods to reduce fish to fish protein concentrate. Such plants shall be located in such geographical areas as the Secretary determines will demonstrate optimum feasibility from the standpoint of operation, maintenance, and economic potential. The Secretary of the Interior shall not commence construction of or lease any plant pursuant to the provisions of sections 778d to 778h of this title until the Secretary of Health, Education, and Welfare shall have certified that fish protein concentrate produced from whole fish complies with the provisions of the Federal Food, Drug, and Cosmetics Act. (b) Operation and maintenance; terms and conditions of contracts: compilation of records, including cost data; availability of records to public and Congress; public access to plants. The Secretary may operate and maintain or contract for the operation and maintenance of such |