16 USC 1533. 5 USC app. Publication in Critical habitat determination, considerations. Establishment and implementation. 16 USC 1533. Summary, publication in Federal Register. Dr. Eugene L Vickery, exception. Act Amendments of 1978 shall be withdrawn under this paragraph before the end of the one-year period beginning on such date of enactment."; and (5) by adding at the end thereof the following new subsection: "(g) RECOVERY PLANS.-The Secretary shall develop and implement plans (hereinafter in this subsection referred to as 'recovery plans') for the conservation and survival of endangered species and threatened species listed pursuant to this section, unless he finds that such a plan will not promote the conservation of the species. The Secretary, in developing and implementing recovery plans, may procure the services of appropriate public and private agencies and institutions, and other qualified persons. Recovery teams appointed pursuant to this subsection shall not be subject to the Federal Advisory Committee Act."; (6) in subsection (c) (2)— (A) by striking out "upon" and inserting in lieu thereof "within 90 days of the receipt of"; (B) by inserting "and publish in the Federal Register" after "conduct"; (C) by inserting "the status of” after “a review of"; and (D) by inserting at the end thereof the following: "Such review and finding shall be made and published prior to the initiation of any procedures under subsection (b)(1).”. (7) by adding at the end of subsection (b) the following new paragraph: "(4) In determining the critical habitat of any endangered or threatened species, the Secretary shall consider the economic impact, and any other relevant impacts, of specifying any particular area as critical habitat, and he may exclude any such area from the critical habitat if he determines that the benefits of such exclusion out weigh the benefits of specifying the area as part of the critical habitat, unless he determines, based on the best scientific and commercial data available, that the failure to designate such area as critical habitat will result in the extinction of the species.". SEC. 12. That portion of subsection (a) of section 5 of the Endangered Species Act of 1973 (16 U.S.C. 1534) which precedes paragraph is amended to read as follows: "(a) PROGRAM.-The Secretary, and the Secretary of Agriculture with respect to the National Forest System, shall establish and implement a program to conserve fish, wildlife, and plants, including those which are listed as endangered species or threatened species pursuant to section 4 of this Act. To carry out such a program, the appropriate Secretary-". SEC. 13. Paragraph (3) of section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended to read as follows: "(3) The publication in the Federal Register of any proposed or final regulation which is necessary or appropriate to carry out the purposes of this Act shall include a summary by the Secretary of the data on which such regulation is based and shall show the relationship of such data to such regulations.". SEC. 14. Notwithstanding any provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or any regulation promulgated or policy established thereunder, the Secretary of the Interior is authorized and directed to release to Doctor Eugene L. Vickery of Lena, Illinois, a narwhale (Monodon monocerus) tusk cane contained in a shipment consigned to him that was seized by agents of the United States Fish and Wildlife Service at O'Hare International Airport, Chicago, Illinois, on November 30, 1977. For purposes of section 9 and section 11 of such Act, Doctor Vickery shall be considered not to have Ante, pp. 3760, violated any provision of such Act with respect to the importation of 3761. such narwhale tusk cane. Approved November 10, 1978. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1625 accompanying H.R. 14104 (Comm. on Merchant (Marine and Fisheries) and No. 95-1804 (Comm. of Conference). SENATE REPORT No. 95-874 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 124 (1978): July 17-19, considered and passed Senate. Oct. 14, H.R. 14104 considered and passed House; passage vacated, and S. 2899, Oct. 15, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 45: To amend the Shipping Act, 1916, to strengthen the provisions prohibiting rebating practices in the United States foreign trades. June 19, 1979 [S. 199] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Shipping Act cited as the "Shipping Act Amendments of 1979". SEC. 2. Section 16 of the Shipping Act, 1916, is amended by striking "$5,000" in the sixth paragraph, and inserting, in lieu thereof, "$25,000". SEC. 3. Section 18(b) of the Shipping Act, 1916, is amended by deleting subsection (6) thereof and by adding the following new language in lieu thereof: "(6) Whoever violates any provision of this section, other than subsection (b)(3) hereof involving rebates or refunds shall be subject to a civil penalty of not more than $5,000 for each day such violation continues. "(7) Whoever violates subsection (b)(3) hereof by means of rebates or refunds, shall be subject to a civil penalty of not more than $25,000 for each shipment on which a rebate or refund was paid and to suspension by the Commission of any or all tariffs filed by or on behalf of such carrier, or suspension of that carrier's right to utilize any or all tariffs of conferences of which that carrier may be a member, for a period not to exceed twelve months. Any carrier whose tariffs or rights of use thereof have been suspended pursuant to this paragraph and who accepts cargo for carriage during the suspension period which cargo otherwise would have been governed by the provisions of the suspended tariff(s) shall be subject to a civil penalty of not more than $50,000 for each shipment so accepted. Amendments of 1979. 46 USC 842 note. Increased civil penalties. "For purposes of this subsection and section 22(c) of this Act, a Post, p. 72. shipment shall mean all of that cargo, the carriage of which is evidenced by a single bill of lading." SEC. 4. Section 21 of the Shipping Act, 1916, is amended by designating the existing two paragraphs as subsection "(a)" and by adding a new subsection (b) as follows: "(b) The Commission shall require the chief executive officer of every vessel operating common carrier by water in foreign commerce and to the extent it deems feasible, may require any shipper, consignor, consignee, forwarder, broker, other carrier or other person subject to this Act, to file a periodic, written certification under oath with the Commission attesting to "(1) a policy prohibiting the payment, solicitation, or receipt of any rebate which is unlawful under the provisions of this Act; "(2) the fact that such policy has been promulgated recently to each owner, officer, employee, and agent thereof; "(3) the details of the efforts made, within the company or otherwise, to prevent or correct illegal rebating; and "(4) full cooperation with the Commission in its investigation of illegal rebating or refunds in United States foreign trades, and in its efforts to end such illegal practices. Written certifications. 46 USC 820. Violation, penalty. 46 USC 821. Adjudicatory investigation. 46 USC 815. 46 USC 817. 46 USC 826, 841a. Suspension of tariffs. 46 USC 817; Ante, p. 71. Suspension order; submittal to President. Ante, p. 71. The Commission may by regulation prescribe the form and content of any certification required under the authority of this subsection. Failure to file any such certification shall result in a civil penalty of not more than $5,000 for each day such violation continues." SEC. 5. Section 22 of the Shipping Act, 1916, is amended as follows: (a) designate the two existing paragraphs as "(a)" and "(b)", respectively; (b) amend subsection (b), as designated by this Act, by deleting therefrom the phrase "except as to orders for the payment of money,"; and (c) immediately after subsection (b), as designated by this Act, insert the following: "(c)(1) In addition to, and without limiting the authority granted to the Commission by subsections (a) and (b) hereof, the Commission may, on its own motion, institute an adjudicatory investigation into possible violations of section 16 (other than paragraphs First and Third) involving rebates or refunds in foreign commerce or violations of section 18(b)(3) involving rebates or refunds, with the powers set forth in subsection (c)(2) hereof in addition to those already contained in sections 27, 43, and other sections of this Act. "(2) Failure on the part of any common carrier, respondent to a proceeding instituted pursuant to subsection (c)(1), or any other person directly or indirectly controlling, controlled by, or under common control with such respondent carrier, to comply with any subpena or any duly issued order compelling an answer to interrogatories or to designated questions propounded by deposition or compelling production of documents in relation to any investigation conducted under subsection (c)(1), shall authorize the Commission to issue an order to show cause why any or all tariffs filed pursuant to section 18(b) of this Act, by or on behalf of the respondent carrier, or any or all rights of the respondent carrier to utilize such tariffs in the case of conference tariffs, should not be suspended until that carrier or any person directly or indirectly controlling, controlled by, or under common control with such carrier, has fully responded to the pertinent deposition, interrogatory, production request or motion, or subpena, and after such proceeding, to so suspend those tariffs or the respondent carrier's rights to utilize such tariffs. Any carrier whose tariff(s) or rights of use thereof have been suspended pursuant to this subparagraph and who accepts cargo for carriage during the suspension period which cargo otherwise would have been governed by the provisions of the suspended tariff(s) shall be subject to a civil penalty of not more than $50,000 for each shipment so accepted. “(3) If, in defense of its failure to comply with a subpena or discovery order issued in relation to any investigation conducted under subsection (c)(1), a common carrier alleges documents or information are located in a foreign country and cannot be produced because of the laws of that country, the Commission shall immediately notify the Secretary of State of such failure to comply and of the allegation relating to foreign laws. Upon receiving such notification, the Secretary of State shall promptly consult with the government of the nation within which the documents or information are alleged to be located for the purpose of assisting the Commission in obtaining the documents or information sought. "(4) Before any tariff suspension ordered pursuant to subsection (c)(2), or section 18(b)(7) of this Act, becomes effective, it shall be immediately submitted to the President who may, within ten days after receiving it, disapprove any such order if he finds that disap proval is required for reasons of the national defense or the foreign policy of the United States.". 66 SEC. 6. Section 23 of the Shipping Act, 1916, is amended by deleting 46 USC 822. therefrom the language other than for the payment of money, SEC. 7. Section 27 of the Shipping Act, 1916, is amended by deleting from subsection (b) thereof the phrase "other than for the payment of money". 46 USC 826. SEC. 8. Section 29 of the Shipping Act, 1916, is amended by deleting 46 USC 828. therefrom the phrase "other than an order for the payment of money,". SEC. 9. Section 30 of the Shipping Act, 1916, is amended in the 46 USC 829. initial and final paragraphs thereof by deleting the phrase "for the payment of money" and by inserting, in lieu thereof, the phrase "for the payment of reparation". SEC. 10. Section 32 of the Shipping Act, 1916, is amended by 46 USC 831. inserting at the end thereof the following new subsections: "(d) No penalty shall be imposed on any person for conspiracy after August 29, 1972: (1) to rebate or refund in violation of the initial paragraph or paragraph Second of section 16, or under section 18(b)(3) of this Act; or (2) to defraud the Commission by concealment of such rebates or refunds in any manner. "(e) Notwithstanding any other provision of law, the Commission shall have authority to assess or compromise all civil penalties provided in this Act: Provided, however, That, in order to assess such penalties a formal proceeding under section 22 of this Act shall be commenced within five years from the date when the violation occurred.". SEC. 11. The provisions of this Act, including the amendments made by this Act, shall become effective immediately upon its date of enactment. Approved June 19, 1979. 46 USC 815. 46 USC 817. 46 USC 821; Ante, p. 72. Effective date. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-232 accompanying H.R. 3055 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 96-147 (Comm. on Commerce, Science, and Transportation). May 23, considered and passed Senate. June 4, H.R. 3055 considered and passed House; passage vacated and S. 199, June 5, Senate agreed to House amendments. |