Public Law 92-416 92nd Congress, H. R. 755 August 29, 1972 An Act To amend the Shipping Act. 1916, and the Intercoastal Shipping Act, 1933, to 86 STAT. 653 time Commis Shipping laws, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Shipping Federal MariAct. 1916 (46 U.S.C. 801 et seq.), is amended as follows: (a) By deleting that part of the first sentence in the last paragraph sion. of section 15, immediately preceding the proviso, and substituting the following: "Whoever violates any provision of this section or of section 14b 75 Stat. 763; shall be subject to a civil penalty of not more than $1,000 for each day such violation continues:" (b) By deleting the last paragraph of section 16 and substituting the following: "Whoever violates any provision of this section other than paragraphs First and Third hereof shall be subject to a civil penalty of not more than $5,000 for each such violation. "Whoever violates paragraphs First and Third hereof shall be guilty of a misdemeanor punishable by a fine of not more than $5,000 for each offense." civil penalties. 39 Stat. 728. 78 Stat. 148. 46 USC 814. 46 USC 8138. 49 Stat. 1518. 46 USC 815. (c) By deleting section 18(b)(6) and substituting the following: 46 USC 817. "(6) Whoever violates any provision of this section shall be subject to a civil penalty of not more than $1,000 for each day such violation continues. (d) By amending the first paragraph of section 23 to read as 46 USC 822. follows: "Orders of the Commission relating to any violation of this Act or to any violation of any rule or regulation issued pursuant to this Act shall be made only after full hearing, and upon a sworn complaint or in proceedings instituted of its own motion. (e) By deleting section 32 and substituting therefor the following: 46 USC 831. "SEC. 32. (a) That whoever violates any provision of sections 14 through 21 and section 44 of this Act, except where a different penalty 46 USC 812is provided, shall be subject to a civil penalty not to exceed $5,000 820, 841b. for each such violation. "(b) Whoever violates any provision of any other section of this Act, except where a different penalty is provided, shall be guilty of & misdemeanor, punishable by a fine not to exceed $5,000. "(c) Whoever violates any order. rule, or regulation of the Federal SEC. 2. The last sentence of section 2 of the Intercoastal Shipping 79 Stat. 213. SEC. 3. Any civil penalty provided herein may be compromised by the Federal Maritime Commission, or may be recovered by the United States in a civil action. Approved August 29, 1972. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-478 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD: Vol. 117 (1971): Sept. 20, considered and passed House. Aug. 8, considered and passed Semte, amended. 18, House concurred in Senate amendments. Public Law 92-471 92nd Congress, H. R. 9501 October 9, 1972 An Act To amend the North Pacific Fisheries Act of 1934, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-AMENDMENT OF THE NORTH PACIFIC SEC. 101. The North Pacific Fisheries Act of 1954 (hereinafter in this title referred to as the "Act") is amended by redesignating section 7 as section 8 and by inserting immediately after section 6 the following new section: 86 STAT. 784 North Pac if io Fisheries Aot of 1954, amendments. 68 Stat. 699. 16 USC 1026. "SEC. 7. The Secretary of Commerce is authorized and directed to administer and enforce all the provisions of the Convention, this 4 UST 380. Act, and regulations issued pursuant thereto, except to the extent otherwise provided for in this Act. In carrying out such functions he is authorized and directed to adopt such regulations as may be necessary to carry out the purposes and objectives of the Convention and this Act, and, with the concurrence of the Secretary of State, he may cooperate with the duly authorized officials of the government of any party to the Convention. He shall adopt such regulations on consultation with the United States Section and they shall apply only to stocks of fish in the Convention area north of the parallel of north latitude of 48 degrees and 30 minutes. No such regulations shall apply in the Convention area south of the 49th parallel of north latitude with respect to sockeye salmon (Oncorhynchus nerka) or pink salmon (Oncorhynchus gorbuscha).". SEC. 102. Section 8 of the Act is amended (1) by redesignating such section as section 9; (2) by redesignating subsections (a), (b), (c), and (d), as subsections (b), (c), (d), and (e), respectively; (3) by striking out "subsection (a)" each place it appears in subsections (c), (d), and (e), as so redesignated by paragraph (1) of this section, and inserting in lieu thereof at each such place "subsection (b)"; and Regulations. Restricted fish- (4) by inserting immediately after "SEC. 9.", as so redesignated Enforcement. by paragraph (1) of this section, the following new subsection: "(a) Enforcement activities under the provisions of this Act relating to vessels engaged in fishing and subject to the jurisdiction of the United States shall be primarily the responsibility of the Secretary of the Department in which the Coast Guard is operating, in cooper ation with the Secretary of Commerce. The Secretary of the Depart- Regulations. ment in which the Coast Guard is operating, with the concurrence of the Secretary of Commerce and the Secretary of State, is authorized to adopt such regulations as may be necessary to provide for procedures and methods of enforcement pursuant to articles 9 and 10 of the Convention.". SEC. 103. Section 9 of the Act is redesignated as subsection (f) of section 9, as so redesignated by paragraph (1) of section 102 of this title. SEC. 104. Section 10 of the Act is amended (1) by redesignating subsections (a), (b), (c), (d), and (e) as subsections (b), (c), (d), (e), and (f), respectively; (2) by striking out "subsection (a)" each place it appears in subsection (c), as so redesignated by paragraph (1) of this section, and inserting in lieu thereof at each place "subsection (b)"; 16 USC 1028. Unlawful acts. 16 USC 1029. 86 STAT. 785 68 Stat. 699. 16 USC 1029. Penalties. 16 USC 1030. Arrest, enforcement, search and ity. 68 Stat. 700; 71 Stat. 310. 16 USC 1031. (3) by inserting immediately after “SEc. 10.” the following new subsection: "(a) It shall be unlawful for any person subject to the jurisdiction of the United States to engage in fishing in violation of any regulation adopted pursuant to this Act or of any order of a court issued pursuant to section 11 of this Act; to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of any such regulation or order; to fail to make, keep, submit, or furnish any record or report required of him by such regulation, or to refuse to permit any officer authorized to enforce such regulations to inspect such record or report at any reasonable time."; and (4) by adding at the end thereof the following new subsection: "(g) It shall be unlawful for any person or vessel subject to the jurisdiction of the United States to do any act prohibited or fail to do any act required by any regulation adopted pursuant to this Act.”. SEC. 105. Section 11 of the Act is amended (1) by striking out "subsection (a), (b), or (c)" in subsection (a) of such section and inserting in lieu thereof "subsection (b), (c), or (d)"; (2) by striking out "subsection (d)" in subsection (b) of such section and inserting in lieu thereof "subsection (e)"; (3) by striking out "subsection (e)" in subsection (c) of such section and inserting in lieu thereof "subsection (f)"; and (4) by amending subsection (d) of such section to read as follows: "(d) Any person violating any other provision of this Act or any regulation adopted pursuant to this Act, upon conviction, shall be fined for a first offense not more than $500 and for a subsequent offense committed within five years not more than $1,000 and for such subsequent offense the court may order forfeited, in whole or in part, the fish taken by such person, or the fishing gear involved in such fishing, or both, or the monetary value thereof. Such forfeited fish or fishing gear shall be disposed of in accordance with the direction of the court.". SEC. 106. Section 12 of the Act is amended to read as follows: “SEC. 12. (a) Any duly authorized enforcement officer or employee seizure author of the Department of Commerce; any Coast Guard officer; any United States marshal or deputy United States marshal; any customs officer; and any other person authorized to enforce the provisions of the Convention, this Act, and the regulations issued pursuant thereto, shall have power without warrant or other process to arrest any person subject to the jurisdiction of the United States committing in his presence or view a violation of the Convention or of this Act, or of the regulations issued pursuant thereto, and to take such person immediately for examination before a justice or judge or any other official designated in section 3041 of title 18 of the United States Code; and shall have power, without warrant or other process, to search any vessel subject to the jurisdiction of the United States when he has reasonable cause to believe that such vessel is engaging in fishing in violation of the provisions of the Convention or this Act, or the regu lations issued pursuant thereto. Any person authorized to enforce the provisions of the Convention, this Act, or the regulations issued pursu ant thereto, shall have power to execute any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of this Act, and shall have power with a search warrant to search any vessel, vehicle, person, or place at any time. The judges of the United States district courts and the United States magistrates may, 62 Stet. 815; 82 Stat. 1115. 4 UST 380. 86 STAT. 786 within their respective jurisdictions, upon proper oath or affirmation "(b) Notwithstanding the provisions of section 2464 of title 28, United States Code, when a warrant of arrest or other process in rem 62 Stat. 974. (b) In subsections (c) and (e) of section 9 of the Act, as so redesignated by section 102 of this title, strike out "Fish and Wildlife Service" and insert in lieu thereof "Department of Commerce". (c) In subsection (f) of section 9 of the Act, as so redesignated by section 103 of this title, and in subsection (b) of section 13 of such Act, strike out "Secretary of the Interior" and insert in lieu thereof 68 Stat. 701. "Secretary of Commerce". 16 USC 1032. SEC. 108. (a) Section 3 of the Act is amended to read as follows: U. S. Commissioners. "SEC. 3. (a) The United States shall be represented on the Commis- 16 USC 1022. sion by not more than four United States Commissioners to be appointed by the President and to serve at his pleasure; except that after January 1, 1973, (1) each United States Commissioner shall be appointed for a term of office of not to exceed four years, but is eligible for reappointment; and (2) any United States Commissioner may be appointed for a lesser term if necessary to insure that the term of office of not more than one Commissioner will expire in any one year. Of such Commissioners, who shall receive no compensation for their services as Commissioners, one shall be an official of the United States Government, and each of the others shall be a person residing in a State, the residents of which maintain a substantial fishery in the Convention area. "(b) The Secretary of State, in consultation with the Secretary of Commerce, may designate from time to time Alternate United States Commissioners to the Commission. An Alternate United States Commissioner may exercise, at any meeting of the Commission or of the United States Section or of the Advisory Committee established pur |