States, the Secretary of State shall withhold, pending such payment, an amount equal to such unpaid claim from any funds programed for the current fiscal year for assistance to the government of such country (as shown in materials concerning such fiscal year presented to the Congress in connection with its consideration of amendments to the Foreign Assistance Act of 1961). Amounts withheld under this section shall not constitute satisfaction of any such claim of the United States against such foreign country. Sec. 6. There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this Act. "Sec. 7. (a) The Secretary, upon receipt of an application filed with him at any time after the effective date of this section by the owner of any vessel of the United States which is documented or certificated as a commercial fishing vessel, shall enter into an agreement with such owner subject to the provisions of this section and such other terms and conditions as the Secretary deems appropriate. Such agreement shall provide that, if said vessel is seized by a foreign country and detained under the conditions of section 2 of this Act, the Secretary shall guarantee "(1) the owner of such vessel for all actual costs, except those covered by section 3 of this Act, incurred by the owner during the seizure and detention period and as a direct result thereof, as determined by the Secretary, resulting (A) from any damage to, or destruction of, such vessel, or its fishing gear or other equipment, (B) from the loss of confiscation of such vessel, gear, or equipment, or (C) from dockage fees or utilities; "(2) the owner of such vessel and its crew for the market value of fish caught before seizure of such vessel and confiscated or spoiled during the period of detention; and "(3) the owner of such vessel and its crew for not to exceed 50 per centum of the gross income lost as a direct result of such seizure and detention, as determined by the Secretary of the Interior, based on the value of the average catch per day's fishing during the three most recent calendar years immediately preceding such seizure and detention of the vessel seized, or, if such experience is not available, then of all commercial fishing vessels of the United States engaged in the same fishery as that of the type and size of the seized vessel. "(b) Payments made by the Secretary under paragraphs (2) and (3) of subsection (a) of this section shall be distributed by the Secretary in accordance with the usual practices and procedures of the particular segment of the United States commercial fishing industry to which the seized vessel belongs relative to the sale of fish caught and the distribution of the proceeds of such sale. "(c) The Secretary shall from time to time establish by regulation fees which shall be paid by the owners of vessels entering into agreements under this section. Such fees shall be adequate (1) to recover the costs of administering this section, and (2) to cover a reasonable portion of any payments made by the Secretary under this section. The amount fixed by the Secretary shall be predicated upon at least 333 per centum of the contribution by the Government. All fees collected by the Secretary shall be credited to a separate account established in 'Public Law 90-482 added section 7 to this Act. the Treasury of the United States which shall remain available without fiscal year limitation to carry out the provisions of this section. All payments under this section shall be made first out of such fees so long as they are available, and thereafter out of funds which are hereby authorized to be appropriated to such account to carry out the provisions of this section. "(d) All determinations made under this section shall be final. No. payment under this section shall be made with respect to any losses covered by any policy of insurance or other provision of law. "(e) The provisions of this section shall be effective for forty-eight consecutive months beginning one hundred and eighty days after the enactment of this section. The Secretary shall issue such regulations and take such other measures as he deems appropriate to implement the provisions of this section prior to such effective date. "(f) For the purposes of this section "(1) the term 'Secretary' means the Secretary of the Interior. "(2) the term 'owner' includes any charterer of a commercial fishing vessel." "Sec. 8.5 (a) When the Secretary of Commerce determines that nationals of a foreign country, directly or indirectly, are conducting fishing operations in a manner or under circumstances which diminish the effectiveness of an international fishery conservation program, the Secretary of Commerce shall certify such fact to the President. Upon receipt of such certification, the President may direct the Secretary of the Treasury to prohibit the bringing or the importation into the United States of fish products of the offending country for such duration as he determines appropriate and to the extent that such prohibition is sanctioned by the General Agreement on Tariffs and Trade. "(b) Within sixty days following certification by the Secretary of Commerce, the President shall notify the Congress of any action taken by him pursuant to such certification. In the event the President fails to direct the Secretary of the Treasury to prohibit the importation of fish products of the offending country, or if such prohibition does not cover all fish products of the offending country, the President shall inform the Congress of the reasons therefor. "(c) It shall be unlawful for any person subject to the jurisdiction of the United States knowingly to bring or import into, or cause to be imported into, the United States any fish products prohibited by the Secretary of the Treasury pursuant to this section. "(d) (1) Any person violating the provisions of this section shall be fined not more than $10,000 for the first violation, and not more than $25,000 for each subsequent violation. "(2) All fish products brought or imported into the United States in violation of this section, or the monetary value thereof, may be forfeited. "(3) 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, 5 Public Law 92-219 added section 8 to this Act. under the provisions of this section, insofar as such provisions of law are applicable and not inconsistent with this section. "(e) (1) Enforcement of the provisions of this section prohibiting the bringing or importation of fish products into the United States shall be the responsibility of the Secretary of the Treasury. "(2) 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 for enforcement of this Act and regulations issued thereunder. "(3) 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 jurisdiction for the enforcement of this section. "(4) Such person so authorized shall have the power "(A) with or without a warrant or other process, to arrest any persons subject to the jurisdiction of the United States committing in his presence or view a violation of this section or the regulations issued thereunder; "(B) 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 this section or the regulations issued thereunder, then to arrest such person. "(5) Such person so authorized, may seize, whenever and wherever lawfully found, all fish products brought or imported into the United States in violation of this section or the regulations issued thereunder. Any fish products so seized may be disposed of pursuant to the order of a court of competent jurisdiction, or, if perishable, in a manner prescribed by regulations promulgated by the Secretary of the Treasury after consultation with the Secretary of Health, Education, and Welfare. "(f) The Secretary of the Treasury is authorized to prescribe such regulations as he determines necessary to carry out the provisions of this section. "(g) As used in this section "(1) The term 'person' means any individual, partnership, corporation, or association. "(2) The term 'United States', when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, and the United States Virgin Islands. "(3) The term 'international fishery conservation program' means any ban, restriction, regulation, or other measure in force pursuant to a multilateral agreement to which the United States is a signatory party, the purpose of which is to conserve or protect the living resources of the sea. "(4) The term 'fish products' means fish and marine mammals and all products thereof taken by fishing vessels of an offending country whether or not packed, processed, or otherwise prepared for export in such country or within the jurisdiction thereof.” 83-8770 0-72- -30 G. THE SUGAR ACT OF 1948, AS AMENDED, AND SUGAR QUOTAS Excerpts from Public Law 92–138, 92d Congress, H.R. 8866, approved October 14, 1971 AN ACT To amend and extend the provisions of the Sugar Act of 1948, as amended, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Sugar Act Amendments of 1971”. Sec. 2. Section 101 of the Sugar Act of 1948, as amended, is amended (1) by striking out "the Virgin Islands," in subsection (j); (2) by amending subsection (o) to read as follows: "(o) The term 'continental United States' means the States (except Hawaii) and the District of Columbia."; and (3) by adding at the end thereof the following new subsection: "(p) The term 'mainland cane sugar area' means the States of Florida and Louisiana." Sec. 3. Section 201 of the Sugar Act of 1948, as amended, is amended to read as follows: "(4) Beginning with 1973 or as soon thereafter as the quota or quotas can be used, there shall be established for any new continental cane sugar producing area or areas a quota or quotas of not to exceed a total for all such areas of 100,000 short tons, raw value, subject to the requirements of section 302 of this Act." (b) Section 202 (b) of such Act is amended to read as follows: "(b) For the Republic of the Philippines, in the amount of 1,126,020 short tons, raw value." (c) Section 202 (e) of such Act is amended (1) by striking out paragraph (2); (2) by amending paragraph (3) to read as follows: "(3) For individual foreign countries other than the Republic of the Philippines and Ireland, by prorating the amount of sugar determined under paragraph (1) of this subsection, less the amounts required to establish a quota as provided in paragraph (4) of this subsection for Ireland, among foreign countries on the following basis: (458) "(A) For countries in the Western Hemisphere: "(B) For countries outside the Western Hemisphere: "Country Australia Republic of China.. India South Africa.. Fiji Mauritius Swaziland Thailand Southern Rhodesia.. Malawi Uganda Malagasy Republic_. 54 24 13 . 13 Per centum 5. 02 2.09 2.01 1.42 1. 10 .74 .74 .46 37 .37 .37 .30 "(C) Notwithstanding the provisions of subparagraphs (A) and (B), for the calendar year 1972 the proration for Panama shall be 0.85 per centum and for Malawi shall be zero per centum and the proration for the other countries named in subparagraphs (A) and (B) shall be increased proportionately."; and (3) by amending paragraph (4) to read as follows: "(4) For Ireland, in the amount of 5,351 short tons, raw value, of sugar. The quota provided by this paragraph shall apply for any calendar year only if the Secretary obtains such assurances from such country as he may deem appropriate prior to September 15 preceding such calendar year (October 31, 1971, for the calendar year 1972) that the quota for such year will be filled with sugar produced in such country." (d) Section 202 (d) of such Act is amended (1) by striking out "that are members of the Organization of American States" in paragraph (1)(A)(ii); (2) by striking out "quotas then in effect for such countries" in paragraph (1)(B) and inserting in lieu thereof "percentages stated therein"; |