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 convert criminal penalties to civil penalties in certain instances, and for other purposes. 86 STAT. 653 Be it enacted by the Senate and House of Representatives of the time Commis Shipping laws, (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 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. 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 a misdemeanor, punishable by a fine not to exceed $5,000. "(c) Whoever violates any order. rule, or regulation of the Federal Maritime Commission made or issued in the exercise of its powers, duties, or functions, shall be subject to a civil penalty of not more than $1,000 for each day such violation continues. SEC. 2. The last sentence of section 2 of the Intercoastal Shipping Act, 1933 (46 U.S.C. 844), is amended to read as follows: "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." 79 Stat. 213. 86-974 O 73 - 8 86 STAT. 653 Civil penalty, compromise or recovery. 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 Senate, amended. 18, House concurred in Senate amendments. 92nd Congress, H. R. 9501 An Act To amend the North Pacific Fisheries Act of 1954, 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 follownew section: 86 STAT. 784 North Pacific Fisheries Act 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. Sec. & Ice it in accordance with Natrona tor Act of 1ot, as amendet and pursuant to pass win a mummaly cra of the Interior and the Senecar N. 0 Stat. 359. The Secretary June 30, 1977, not to exceed $525 SIT IL TE PUDs of this Act. Approved August 29, 1972. HOUSE REPORT No. 92-1999 (Comm. on Merchant Marine and Fisheries).ub- June 5 nonsidered and passed House, 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 convert criminal penalties to civil penalties in certain instances, and for other purposes. 86 STAT. 653 Be it enacted by the Senate and House of Representatives of the time Commis (a) By deleting that part of the first sentence in the last paragraph sion. of section 15, immediately preceding the proviso, and substituting the Shipping laws, following: "Whoever violates any provision of this section or of section 14b 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. 46 USC 8138. 49 Stat. 1518. 46 USC 815. (e) 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 a misdemeanor, punishable by a fine not to exceed $5,000. "(c) Whoever violates any order. rule, or regulation of the Federal Maritime Commission made or issued in the exercise of its powers, duties, or functions, shall be subject to a civil penalty of not more than $1,000 for each day such violation continues. SEC. 2. The last sentence of section 2 of the Intercoastal Shipping Act, 1933 (46 U.S.C. 844), is amended to read as follows: "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." 79 Stat. 213. 86-974 O 73-8 |