Lapas attēli
PDF
ePub

INAPPLICABILITY OF ACT TO CERTAIN SEIZURES

SEC. 4. The provisions of this Act shall not apply with respect to a seizure made by a country at war with the United States or a seizure made in accordance with the provisions of any fishery convention or treaty to which the United States is a party. (Aug. 27, 1954, ch.

1018, § 4, 68 Stat. 883.)

ACTION BY SECRETARY ON CLAIMS FOR AMOUNTS EXPENDED BECAUSE OF SEIZURE

SEC. 5. The Secretary of State shall take such action as he may deem appropriate to make and collect on claims against a foreign country for amounts expended by the United States under the provisions of this Act because of the seizure of a United States vessel by such country. (Aug. 27, 1954, ch. 1018, § 5, 68 Stat. 883.)

AUTHORIZATION OF APPROPRIATIONS

SEC. 6. There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this Act. (Aug. 27, 1954, ch. 1018, § 6, 68 Stat. 883.)

3. MANAGEMENT AND DISPOSITION OF VESSELS AND OTHER PROPERTY ACQUIRED PURSUANT TO A FISHERY LOAN

Act of September 13, 1961 (75 Stat. 493; 16 U.S.C. 742k)

MANAGEMENT AND DISPOSITION OF VESSELS AND OTHER PROPERTY

The purpose of facilitating administration of, and protecting the interest of the Government in, the fishery loan fund established by section 4 of the Fish and Wildlife Act of 1956 and any related type of activities relating to fisheries for which the Department of the Interior is now or may hereafter be responsible, the Secretary of the Interior, notwithstanding any other provision of law, may hereafter administer, complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, assign, or sell upon such terms and conditions as he may deem most advantageous to the United States, any vessel, plant, or other property acquired by him on behalf of the United States and arising out of any fishery loan or any related type of activity by the Secretary of the Interior. The Secretary may use any of the applicable funds in each particular instance for the aforesaid purposes. (Sept. 13, 1961, 75 Stat. 493.)

61

4. FISHING VESSEL INSURANCE; TRANSFER OF FUNCTIONS

Act of July 5, 1960 (74 Stat. 314; 46 U.S.C. 1275 note)

FISHING VESSEL INSURANCE; TRANSFER OF FUNCTIONS

In order to permit the efficient execution of functions relating to the issuance of Federal ship mortgage insurance on fishing vessels, pursuant to the Merchant Marine Act of June 29, 1936, as amended (49 Stat. 1985; 46 U.S.C., 1952 edition, sec. 1271 and the following), which functions relating to fishing vessels have been transferred to the Secretary of the Interior pursuant to the Fish and Wildlife Act of 1956, the Secretary of the Interior hereafter may exercise authority comparable to the authority of the Secretary of Commerce under the said Merchant Marine Act of 1936, including, but not limited to, the authority contained in the amendment to such Act of July 15, 1958 (72 Stat. 358). (July 5, 1960, Public Law 86-577 (74 Stat. 314).)

62

E. Fishermen's cooperative associations

Act of June 25, 1934 (48 Stat. 1213), as amended (15 U.S.C. 521–522)

FISHING INDUSTRY;

ASSOCIATIONS AUTHORIZED; AQUATIC PRODUCTS DEFINED; MARKETING AGENCIES; REQUIREMENTS

SEC. 1. Persons engaged in the fishery industry, as fishermen, catching, collecting, or cultivating aquatic products, or as planters of aquatic products on public or private beds, may act together in associations, corporate or otherwise, with or without capital stock, in collectively catching, producing, preparing for market, processing, handling, and marketing in interstate and foreign commerce, such products of said persons so engaged.

The term "aquatic products" includes all commercial products of aquatic life in both fresh and salt water, as carried on in the several States, the District of Columbia, the several Territories of the United States, the insular possessions, or other places under the jurisdiction of the United States.

Such associations may have marketing agencies in common, and such associations and their members may make the necessary contracts and agreements to effect such purposes: Provided, however, That such associations are operated for the mutual benefit of the members thereof, and conform to one or all of the following requirements:

First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; or

Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum, and in any case to the following:

Third. That the association shall not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members.

MONOPOLIES OR RESTRAINTS OF TRADE; SERVICE OF COMPLAINT BY THE SECRETARY OF THE INTERIOR; HEARING; ORDER TO CEASE AND DESIST; JURISDICTION OF DISTRICT COURT

SEC. 2. If the Secretary of the Interior shall have reason to believe that any such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any aquatic product is unduly enhanced by reason thereof, he shall serve upon such association a complaint stating his charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty days after the service thereof, requiring the association to show cause why an order should not be made directing it to cease and desist from monopolization or restraint of trade. An association so complained of may at the time

and place so fixed show cause why such order should not be entered. The evidence given on such a hearing shall be taken under such rules and regulations as the Secretary of the Interior may prescribe, reduced to writing, and made a part of the record therein. If upon such hearing the Secretary of the Interior shall be of the opinion that such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any aquatic product is unduly enhanced thereby, he shall issue and cause to be served upon the association an order reciting the facts found by him, directing such association to cease and desist from monopolization or restraint of trade. On the request of such association or if such association fails or neglects for thirty days to obey such order, the Secretary of the Interior shall file in the district court in the judicial district in which such association has its principal place of business a certified copy of the order and of all the records in the proceedings together with a petition asking that the order be enforced and shall give notice to the Attorney General and to said association of such filing. Such district court shall thereupon have jurisdiction to enter a decree affirming, modifying, or setting aside said order, or enter such other decree as the court may deem equitable, and may make rules as to pleadings and proceedings to be had in considering such order. The place of trial may, for cause or by consent of parties, be changed as in other

causes.

The facts found by the Secretary of the Interior and recited or set forth in said order shall be prima facie evidence of such facts, but either party may adduce additional evidence. The Department of Justice shall have charge of the enforcement of such order. After the order is so filed in such district court and while pending for review therein, the court may issue a temporary writ of injunction forbidding such association from violating such order or any part thereof. The court shall, upon conclusion of its hearing, enforce its decree by a permanent injunction or other appropriate remedy. Service of such complaint and of all notices may be made upon such association by service upon any officer, or agent thereof, engaged in carrying on its business, or on any attorney authorized to appear in such proceeding for such association and such service shall be binding upon such association, the officers and members thereof. (June 25, 1934, ch. 742 § 2, 48 Stat. 1214; 1939 Reorg. Plan No. II § 4 (c), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431.)

« iepriekšējāTurpināt »