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change in the form of enrollment and license prescribed under the authority of that section.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 263 (May 20, 1936, c. 434, 49 Stat. 1367).

This section incorporates the provisos to 46 U.S.C. 263 (sec. 231 of this act). Changes have been made in arrangement and phraseology as required in the context of this act.

The words "Notwithstanding any other provision of law-" have been inserted as a preface to this section to make clear that its provisions are an exception to the general rule found in 46 U.S.C. 263 that the form of a license for carrying on the coasting trade or fisheries shall be as follows:

"License for carrying on the (here insert 'coasting trade', 'whale fishery', 'mackerel fishery', or 'cod fishery', as the case may be).'

Subsection (a) in effect provides that a vessel licensed for the "coasting trade and mackerel fishery" is appropriately documented to engage in any form of the fisheries, notwithstanding the provisions of 46 U.S.C. 263 (sec. 231 of this act). The words "engaging in the coasting trade and" following "sufficient license for" in subsection (a) have been deleted as surplusage.

Subsection (b) provides that a vessel under frontier enrollment and license for the "coasting or foreign trade" issued under 46 U.S.C. 258 (sec. 233 of this act) may under certain circumstances engage in any form of the fisheries without a change in its document.

SEC. 603. LANDING OF FISH BY FOREIGN-FLAG VESSELS PROHIBITED IN CERTAIN CIRCUMSTANCES; EXCEPTIONS.-(a) [Vessels of twenty tons and upward, enrolled in pursuance of this title, and having a license in force, or vessels of less than twenty tons, which, although not enrolled, have a license in force, as required by this title, and no others, shall be deemed vessels of the United States entitled to the privileges of vessels employed in the coasting trade or fisheries.] Except as otherwise provided by treaty or convention to which the United States is a party, or by section 604 of this Act, no foreign-flag vessel shall, whether documented as a cargo vessel or otherwise, land in a port of the United States its catch of fish taken on board such vessel on the high seas or fish products processed therefrom, or any fish or fish products taken on board such vessel on the high seas from a vessel engaged in fishing operations or in the processing of fish or fish products.

(b) Subsection (a) of this section shall not be deemed to prohibit the landing by a foreign-flag vessel of not more than fifty feet overall length in a port of the Virgin Islands of the United States for immediate consumption in such islands of its catch of fresh fish, whole or with the heads, viscera, or fins removed, but not frozen, otherwise processed, or further advanced. No fish under this authorization shall be sold or transferred except for immediate consumption. Sale or transfer to an agent, representative, or employee of a freezer or cannery shall be deemed to be prohibited in the absence of satisfactory evidence that such sale or transfer is for immediate consumption. For the purposes of this subsection, the term "immediate consumption" shall not preclude the freezing, smoking, or other processing of such fresh fish by the ultimate consumer thereof.

(c) Any fish landed in the Virgin Islands of the United States by a foreign-flag vessel which are retained, sold, or transferred other than as authorized in subsection (b) of this section shall be liable to forfeiture, and any person or persons retaining, selling, transferring, purchasing, or receiving such fish shall severally be liable to a penalty of

$1,000 for each offense, in addition to any other penalty provided in law.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 251 (R.S. § 4311; Sept. 2, 1950, c. 842, 64 Stat. 577; Public Law 87-220, § 1, Sept. 13, 1961, 75 Stat. 493). The first sentence in subsection (a) has been omitted as covered by sections 501 and 601 of this act.

The words ", or by section 604 of this Act” have been inserted after "party" in subsection (a) because Public Law 88-308, § 1, May 20, 1964, 78 Stat. 194, 16 U.S.C. 1081 (sec. 694 of this act) in part provides that a vessel other than a vessel of the United States, owned or operated by an international organization of which the United States is a member, may in certain circumstances engage in fishery research within U.S. territorial waters and land its catch in a port of the United States. A second exception thus is created to the general rule found in subsection (a) that no foreign-flag vessel shall land in a port of the United States its catch of fish taken on the high seas or fish products processed therefrom, or any fish or fish products taken on board on the high seas from a vessel engaged in fishing operations or processing.

SEC. 604. FISHING IN TERRITORIAL WATERS AND TAKING OF CONTINENTAL SHELF FISHERY RESOURCES BY FOREIGN VESSELS PROHIBITED; EXCEPTIONS.-(a) It is unlawful for any vessel, except a vessel of the United States, or for any master or other person in charge of such a vessel, to engage in the fisheries within the territorial waters of the United States, its territories and possessions and the Commonwealth of Puerto Rico, or within any waters in which the United States has the same rights in respect to fisheries as it has in its territorial waters, or to engage in the taking of any Continental Shelf fishery resource which appertains to the United States, except as provided in this [Act] section or as expressly provided by an international agreement to which the United States is a party. However, sixty days after written notice to the President of the Senate and the Speaker of the House of Representatives of intent to do so, the Secretary of the Treasury may authorize a vessel other than a vessel of the United States to engage in fishing for designated species within the territorial waters of the United States or within any waters in which the United States has the same rights in respect to fisheries as it has in its territorial waters or for resources of the Continental Shelf which appertain to the United States upon certification by the Secretaries of State and of the Interior that such permission would be in the national interest and upon concurrence of any State, Commonwealth, territory, or possession directly affected. The authorization in this section may be granted only after a finding by the Secretary of the Interior that the country of registry, documentation, or licensing extends substantially the same fishing privileges for a fishery to vessels of the United States.

(b) Notwithstanding any other provision of law, the Secretary of State, with the concurrence of the Secretaries of the Treasury and of the Interior, may permit a vessel, other than a vessel of the United States, owned or operated by an international organization of which the United States is a member, to engage in fishery research within the territorial waters of the United States or within any waters in which the United States has the same rights in respect to fisheries as it has in its territorial waters, or for resources of the Continental Shelf which appertain to the United States and to land its catch in a port of the United States in accordance with such conditions as the

Secretary may prescribe whenever they determine such action is in the national interest.

NOTE

This section is based on title 16, U.S.C., 1964 ed., § 1081 (Public Law 88-308, § 1, May 20, 1964, 78 Stat. 194).

Á change has been made in phraseology as required in the context of this act.

SEC. 605. SAME: PENALTIES FOR VIOLATION.-(a) Any person violating the provisions of section 604 of this Act shall be fined not more than $10,000, or imprisoned not more than one year, or both.

(b) Every vessel employed in any manner in connection with a violation of section 604 of this Act, including its tackle, apparel, furniture, appurtenances, cargo, and stores shall be subject to forfeiture, and all fish taken or retained in violation of [this Act] that section, or the monetary value thereof, shall be forfeited.

(c) Insofar as such provisions of law [are applicable] may be appropriately applied and are not inconsistent with the provisions of sections 604 through 608 of this Act, [All] all provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of a vessel, including its tackle, apparel, furniture, appurtenances, cargo, and stores, 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 sections 604 through 608 of this Act. [, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act].

NOTE

This section is based on title 16, U.S.C., 1964 ed., § 1082 (Public Law 88-308, § 2, May 20, 1964, 78 Stat. 195). Changes have been made in phraseology as required in the context of this act.

SEC. 606. SAME: ENFORCEMENT. (a) Enforcement of the provisions of sections 604 through 608 of this Act is the joint responsibility of the Secretary of the Interior, the Secretary of the Treasury, and the Secretary of the Department in which the Coast Guard is operating. 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 any territory or possession of the United States 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, but they shall not be held and considered as employees of the United States for the purposes of any laws administered by the Civil Service Commission.

(b) The judges of the United States district courts, the judges of the highest courts of the territories and possessions of the United States, and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process, including warrants or other process issued in admiralty proceedings in Federal District Courts, as may be required for enforcement of sections 604 through 608 of this Act and any regulations issued thereunder.

(c) 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 Act] said sections[], [(d) Such person so authorized] and shall also have the power, with or without a warrant or other process

(1) [with or without a warrant or other process,] to arrest any person committing in his presence or view a violation [of this Act] thereof or of the regulations issued thereunder; and

(2) [with or without a warrant or other process,] to search any vessel and, if as a result of such search he has reasonable cause to believe that such vessel or any person on board is in violation of any provision [of this Act] thereof or of the regulations issued thereunder, then to arrest such person. [(e)] (d) Such person so authorized may seize

(1) any vessel, together with its tackle, apparel, furniture, appurtenances, cargo and stores used or employed contrary to the provisions of section 604 of this Act or the regulations issued [hereunder] under section 607 thereof, or which it reasonably appears has been so used or employed [contrary to the provisions of this Act or the regulations issued hereunder.];

[(f)] (2) [Such person so authorized may seize,] whenever and wherever lawfully found, all fish taken or retained in violation of section 604 of this Act or the regulations issued [thereunder] under section 607 thereof. Any fish so seized may be disposed of pursuant to the order of a court of competent jurisdiction [pursuant to] in accordance with the provisions of subsection [g)] (e) of this section, or if perishable, in a manner prescribed by regulations of the Secretary [of the Treasury].

[(g)](e) Notwithstanding the provisions of section 2464 of [Title] title 28, United States Code, when a warrant of arrest or other process in rem is issued in any cause under this section, the United States marshal or other officer shall 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 fish 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 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.

NOTE

This section is based on title 16, U.S.C., 1964 ed., § 1083 (Public Law 88-308, §3, May 20, 1964, 78 Stat. 195).

The words "of the Treasury" following "Secretary" at the end of subsection (d) have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

Changes have been made in phraseology as required in the context of this act.

SEC. 607. SAME: REGULATIONS.-The Secretaries of the Treasury and Interior are authorized jointly or severally to issue such regulations as they determine are necessary to carry out the provisions of sections 604 through 608 of this Act.

NOTE

This section is based on title 16, U.S.C., 1964 ed., § 1084 (Public Law 88-308, § 4, May 20, 1964, 78 Stat. 196).

Changes have been made in phraseology as required in the context of this act.

SEC. 608. SAME: DEFINITIONS.-As used in sections 604 through 608 of this Act.

[(a) As used in this Act, the term] (1) "Continental Shelf fishery resource" includes the living organisms belonging to sedentary species; that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil of the Continental Shelf. [(b)] The Secretary of the Interior in consultation with the Secretary of State is authorized to publish in the Federal Register a list of the species of living organisms covered by the provisions of [subsection (a) of this section] this paragraph.

[(c)] (2) [As used in this Act, the term "fisheries"] "Fisheries" means the taking, planting, or cultivation of fish, mollusks, crustaceans, or other forms of marine animal or plant life by any vessel or vessels; and [the term] "fish" includes mollusks, crustaceans, and all other forms of marine animal or plant life.

[(d)] (3) [As used in this Act, the term] "Continental Shelf" refers (a) to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas; (b) to the seabed and subsoil of similar submarine areas adjacent to the coasts of islands.

NOTE

This section is based on title 16, U.S.C., 1964 ed., § 1085 (Public Law 88-308, § 5, May 20, 1964, 78 Stat. 196).

The words "the term" have been deleted in four places as surplusage. Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 609. PAPERS FOR VESSELS IN THE WHALE FISHERY.-All vessels which may clear with registers for the purpose of engaging in the whale fishery shall be deemed to have lawful and sufficient papers for such voyages, securing the privileges and rights of registered vessels, and the privileges and exemptions of vessels enrolled and licensed or licensed for the fisheries.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 280 (R.S. § 4339).

The words "or licensed" have been inserted after "enrolled and licensed" to recognize the distinction in documenting vessels of 20 tons and upward (which are enrolled and licensed) and vessels of less than 20 tons (which are licensed) for the fisheries. See section 601 of this act.

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