(c) It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 955 (c) 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 tuna 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 955 (c) of this title. In the case of any fish as described in this subsection offered for entry into the United States, the Secretary of the Interior shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 955 (c) of this title.

(d) Any person violating any provisions of subsection (a) of this section shall be fined not more than $25,000, and for a subsequent violation of any provisions of said subsection (a) shall be fined not more than $50,000.

(e) Any person violating any provision of subsection (b) of this section shall be fined not more than $1,000, and for a subsequent violation of any provision of subsection (b) shall be fined not more than $5,000.

(f) Any person violating any provision of subsection (c) of this section shall be fined not more than $100,000.

(g) All fish taken or retained in violation of subsection (a) of this section, or the monetary value thereof, may be forfeited.

(h) 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.

Sec. 9. (a) In order to provide coordination between the general annual programs of the commissions and programs of other agencies relating to the exploration, development, and conservation of fishery resources, the Secretary of State may recommend to the United States Commissioners that they consider the relationship of the commissions' programs to those of such agencies and when necessary arrange, with the concurrence of such agencies, for mutual cooperation between the commissions and such agencies for carrying out their respective programs.

(b) All agencies of the Federal Government are authorized on request of the commissions to cooperate in the conduct of scientific and other programs, or to furnish facilities and personnel for the purpose of assisting the commissions in the performance of their duties.

(c) The commissions are authorized and empowered to supply facilities and personnel to existing non-Federal agencies to expedite research work which in the judgment of the commissions is contributing or will contribute directly to the purposes of the conventions.

Sec. 10.9 Issuance of process. The judges of the United States district courts and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required

Public Law 87-814 substituted provisions for issuance of process for provisions respecting arrest and execution of process, incorporated in subsecs. (c) and (d) (1) of this section.

for enforcement of this chapter and the regulations issued pursuant thereto.

(b) 10 Federal law enforcement agents. Enforcement of the provisions of this chapter and the regulations issued pursuant thereto shall be the joint responsibility of the United States Coast Guard, the United States Department of the Interior, and the United States Bureau of Customs. In addition, the Secretary of the Interior may designate officers and employees of the States of the United States, of the Commonwealth of Puerto Rico, and of American Samoa to carry out enforcement activities hereunder. When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes.

(c) 11 Execution of process. Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdic tion for the enforcement of this chapter.

(d) 12 Arrests. Such person so authorized shall have the power(1) with or without a warrant or other process, to arrest any person subject to the jurisdiction of the United States at any place within the jurisdiction of the United States committing in his presence or view a violation of this chapter or the regulations issued thereunder;

(2) with or without a warrant or other process, to search any vessel subject to the jurisdiction of the United States, and, if as a result of such search he has reasonable cause to believe that such vessel or any person on board is engaging in operations in violation of the provisions of this chapter or the regulations issued thereunder, then to arrest such person.

(e) 13 Seizures and disposition of fish. Such person so authorized may seize, whenever and wherever lawfully found, all fish taken or retained in violation of the provisions of this chapter or the regulations issued pursuant thereto. Any fish so seized may be disposed of pursuant to the order of a court of competent jurisdiction, pursuant to the provisions of subsection (f) of this section or, if perishable, in a manner prescribed by regulations of the Secretary of the Interior. (f) 13 Security. 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

10 Public Law 87-814 substituted provisions respecting Federal law enforcement agents for provisions relating to inspections, incorporated in section 956 of this title.

11 Public Law 87-814 substituted provisions for execution of process, formerly incorporated in subsec. (a), for provisions respecting the functioning of officers and law enforcement officers, incorporated in subsec. (b) of this section.

12 Public Law 87-814 incorporated provisions of former subsec. (a) in par. (1) and added par. 2.

13 Public Law 87-814 added subsecs. (e) and (f).

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 and the proceeds of such sale placed in the registry of the court pending judgment in the case.

Sec. 11. None of the prohibitions contained in this chapter or in the laws and regulations of the States shall prevent the commissions from conducting or authorizing the conduct of fishing operations and biological experiments at any time for the purpose of scientific investigations as authorized by the conventions, or shall prevent the commissions from discharging any of its or their functions or duties prescribed by the conventions.

Sec. 12. There is hereby authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of each convention and of this chapter, including

(a) contributions to each commission for the United States share of any joint expenses of the commission and the expenses of the United States Commissioners and their staff, including personal services in the District of Columbia and elsewhere;

(b) travel expenses without regard to the Standardized Government Travel Regulations, as amended, the Travel Expense Act of 1949,14 or section 73b of Title 5; 15

(c) printing and binding without regard to section 111 of Title 44,16 or section 5 of Title 41;

(d) stenographic and other services by contract, is deemed necessary, without regard to section 5 of Title 41; and

(e) purchase, hire, operation, maintenance, and repair of aircraft, motor vehicles (including passenger-carrying vehicles), boats and research vessels.

14 The Travel Expense Act of 1949, referred to in the text of subsection (b), is now covered by section 2105 and section 5701 et seq. of Title 5, Government Organization and Employees.

15 Section 73b of Title 5, referred to in subsec. (b), is now covered by section 5731 of Title 5.

16 Section 111 of Title 44, referred to in subsec. Title 44, Public Printing and Documents.

(c), is now covered by section 501 of

c. Inter-American Tropical Tuna Commission

Scripps Institution of Oceanography, La Jolla, California 1

ORIGIN

1

A fishery convention between the United States and Costa Rica was negotiated in 1949, and left open for adherence by other interested governments. Panama adhered to the Convention in 1954, Ecuador in 1962, Mexico in 1964, Canada in 1968, and Japan in 1970. In 1972, · Nicaragua and France applied for membership.

PURPOSE

The purpose of this Commission is to carry on scientific investigations of tuna in the eastern tropical Pacific Ocean with the objective of recommending to member governments necessary steps for their conservation and optimum utilization.

STRUCTURE

The Commission is composed of not more than four commissioners from each member country.

Inter-American Tropical Tuna Commission membership (1972): Canada Costa Rica Japan Mexico Panama United States

Initial Date of U.S. Participation. 1949

Current Authority for U.S. Participation. Convention with Costa Rica for the establishment of an Inter-American Tropical Tuna Commission, May 31, 1949, 1 UST 230, TIAS 2044.

1 Additional offices are maintained at San Pedro, Calif., and Guayaquil, Ecuador. Field stations are operated in Peru and Puerto Rico.

2 Ecuador withdrew its membership in 1968.

83-8770 0-72-25

(377)

d. Declaration of Montevideo on the Law of the Sea, May 8, 1970 1

1

"The states represented in the meeting in Montevideo on the law of the sea,

Recognizing the existence of a geographic, economic and social link between the sea, the land, and man who inhabits it which results in a legitimate priority in favor of coastal populations for the use of the natural resources that their maritime environment offers them:

Recognizing, at the same time, that the standards relative to the limits of sovereignty and jurisdiction over the sea, the sea bed, and subsoil and the methods for the exploitation of its resources, ought to take account of the geographic realities of the coastal states and the particular economic and social necessities and responsibilities of developing states;

Considering: That the scientific and technological progress in the exploitation of the natural resources of the sea, has created a correlative danger of depredation to biological resources through irrational and abusive extractive practices or through the disturbance of ecological conditions, which forms the basis of the right of coastal states to take the necessary measures for the protection of said resources in jurisdictional zones larger than traditional ones and to regulate in said zones the fishing and underwater exploration that may be undertaken by ships of national or foreign flags, subject to their internal legislation or to agreements reached in other states;

That, in declarations, resolutions and treaties, especially interAmerican, as well as in multi-lateral declarations and agreements reached among Latin American states, juridical principals have been consecrated which justify the right of states to extend their sovereignty and jurisdiction to the extent necessary in order to conserve, develop, and exploit the natural resources of the maritime zone adjacent to their coasts, its seabed and subsoil;

That, in accordance to said juridical principals, the signatory states have extended, because of their special circumstances, their sovereignty or their exclusive jurisdictional rights over the maritime zone adjacent to their coasts, its seabed and subsoil, to a distance of 200 maritime miles, measured from the base line of the territorial sea;

That, the application by coastal states of measures to conserve the resources of the sea, the seabed and its subsoil in the juridical maritime zones adjacent to their coasts, redounds to the benefit of humanity which has in the oceans a basic source of means for its subsistence and development;

That, the sovereign right of states over their natural resources has been recognized and reaffirmed in numerous resolutions of the General Assembly and other organs of the United Nations;

1 Approved by delegates to the Nine Nation Territorial Limits Conference, Montevideo, Uruguay. (Unofficial translation text.)