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91st Congress, H. R. 14678
To strengthen the penalties for illegal fishing in the territorial waters and the contiguous fishery zone of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act entitled "An Act to prohibit fishing in the territorial waters of the United States and in certain other areas by vessels other than vessels of the United States and by persons in charge of such vessels”, approved May 20, 1964 (16 U.S.C. 1082), is amended
(1) by striking out "$10,000" in subsection (a) thereof and inserting in lieu thereof "$100,000", and
(2) by adding at the end of subsection (b) the following new sentence: "For the purposes of this Act, it shall be a rebuttable presumption that all fish found aboard a vessel seized in connection with such violation of this Act were taken or retained in violation of this Act."
U.S. territorial waters.
Illegal fishing, penalties.
78 Stat. 195.
84 STAT. 1296 84 STAT. 1297
SEC. 2. The first sentence of section 3(a) of such Act of May 20, 1964 (16 U.S.C. 1083), is amended to read as follows: "Enforcement of the provisions 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, and each such Secretary may, by agreement with any other Federal department or agency, utilize the equipment (including aircraft and vessels) of that department or agency to carry out such enforcement." SEC. 3. Such Act of May 20, 1964 (16 U.S.C. 1081-1085), is further Informers, amended by adding at the end thereof the following new subsection: "SEC. 6. The Secretary of the Treasury may pay to any person, other than an officer of the United States or a person authorized to function as a Federal law enforcement agent under this Act, compensation of not more than $5,000 if such person submits to any such officer or authorized person original information concerning any violation, perpetrated or contemplated, of this Act and such information leads to any penalty or forfeiture incurred for violation of this Act."
Approved October 27, 1970.
HOUSE REPORT No. 91-1430 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 116 (1970):
Sept. 21, considered and passed House.
Oct. 14, considered and passed Senate.
91st Congress, H. R. 16745
To limit, in the case of certain special service vessels, the application of the duties imposed on equipments and repair parts purchased for, and repairs made to, United States vessels in foreign countries.
84 STAT. 1944
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 466 U. s. service of the Tariff Act of 1930 is amended to read as follows:
“SEC. 466. EQUIPMENT AND REPAIRS OF VESSELS.
"(a) The equipments, or any part thereof, including boats, purchased for, or the repair parts or materials to be used, or the expenses of repairs made in a foreign country upon a vessel documented under the laws of the United States to engage in the foreign or coasting trade, or a vessel intended to be employed in such trade, shall, on the first arrival of such vessel in any port of the United States, be liable to entry and the payment of an ad valorem duty of 50 per centum on the cost thereof in such foreign country; and if the owner or master of such vessel shall willfully and knowingly neglect or fail to report, make entry, and pay duties as herein required, such vessel, with her tackle, apparel, and furniture, shall be seized and forfeited. For the purposes of this section, compensation paid to members of the regular crew of such vessel in connection with the installation of any such equipments or any part thereof, or the making of repairs, in a foreign country, shall not be included in the cost of such equipment or part thereof, or of such repairs.
19 USC 257,
"(b) If the owner or master of such vessel furnishes good and Conditions. sufficient evidence that
"(1) such vessel, while in the regular course of her voyage, was compelled, by stress of weather or other casualty, to put into such foreign port and purchase such equipments, or make such repairs, to secure the safety and seaworthiness of the vessel to enable her to reach her port of destination;
"(2) such equipments or parts thereof or repair parts or materials, were manufactured or produced in the United States, and the labor necessary to install such equipments or to make such repairs was performed by residents of the United States, or by members of the regular crew of such vessel; or
"(3) such equipments, or parts thereof, or materials, or labor, were used as dunnage for cargo, or for the packing or shoring thereof, or in the erection of temporary bulkheads or other similar devices for the control of bulk cargo, or in the preparation (without permanent repair or alteration) of tanks for the carriage of liquid cargo;
then the Secretary of the Treasury is authorized to remit or refund Duties
84 STAT. 1945
46 Stat. 734. 19 USC 1514.
and the duties accruing thereon duly paid; and if such owner or master shall refuse to take such oath, or take it falsely, the vessel shall be seized and forfeited.
"(c) In the case of any vessel designed and used primarily for purposes other than transporting passengers or property in the foreign or coasting trade which arrives in a port of the United States two years or more after its last departure from a port of the United States, the duties imposed by this section shall apply only with respect to (1) fish nets and netting, and (2) other equipments, and parts thereof, and repair parts and materials purchased, or repairs made, during the first six months after the last departure of such vessel from a port of the United States."
SEC. 2. (a) The amendment made by the first section of this Act shall apply with respect to entries made in connection with arrivals of vessels on or after the date of the enactment of this Act.
(b) Upon request therefor filed with the customs officer concerned on or before the ninetieth day after the date of the enactment of this Act, any entry in connection with the arrival of a vessel used primarily for the catching of shrimp
(1) which was made after January 1, 1969, and before the date of the enactment of this Act, and
(2) with respect to which there would have been no duty if the amendment made by the first section of this Act applied to such entry, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry had been made on the day after the date of the enactment of this Act.
SEC. 3. Effective with respect to entries made in connection with arrivals of vessels on or after the date of the enactment of this Act (or treated under section 2 as made on the day after such date), sections 3114 and 3115 of the Revised Statutes of the United States (19 U.S.C. 257 and 258) are repealed.
Approved January 5, 1971.
HOUSE REPORT No. 91-1136 (Comm. on Ways and Means).
June 22, considered and passed House.
Dec. 18, considered and passed Senate, amended.
Public Law 92-21
To amend the Act to authorize appropriations for the fiscal year 1971 for certain maritime programs of the Department of Commerce.
85 STAT. 75
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Maritime May 13, 1970 (84 Stat. 207; Public Law 91-247) is amended by strik- programs. ing out of paragraph (b) the figure $193,000,000 and inserting in lieu Appropriation thereof the figure $273,000,000.
Approved June 1, 1971.
HOUSE REPORT No. 92-63 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 117 (1971):
Apr. 20, considered and passed House.
Public Law 92-53
July 9, 1971
To authorize appropriations for certain maritime programs of the Department of Commerce, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds are Commerce Departhereby authorized to be appropriated without fiscal year limitation ment maritime as the appropriation Act may provide for the use of the Department programs. of Commerce, for the fiscal year 1972, as follows: Appropriation
(a) acquisition, construction, or reconstruction of vessels and authorization. construction-differential subsidy and cost of national defense fea
tures incident to the construction, reconstruction, or reconditioning of ships, $229,687,000;
(b) payment of obligations incurred for operating-differential subsidy, $239,145,000; .
(c) expenses necessary for research and development activities (including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental ship operations), $25,000,000;
(d) reserve fleet expenses, $4,318,000;
85 STAT. 145
(e) maritime training at the Merchant Marine Academy at 85 STAT. 146 Kings Point, New York, $7,300,000; and
(f) financial assistance to State marine schools, $2,370,000.
SEC. 2. Section 3 of the Maritime Academy Act of 1958 (46 U.S.C. Maritime acad1382) is amended by inserting a new subsection (c) to read as follows: emies, vessels. "(c) In any case where the Secretary has not, prior to the enactment 72 Stat. 622.
of this subsection, furnished a suitable vessel to a State as authorized by subsection (a) of this section, the Secretary may, in lieu of furnishing such a vessel, repair, recondition and equip (including all apparel, charts, books, and instruments of navigation) as necessary, a vessel which is owned by a State on the date of enactment of this subsection, for use as a training vessel for a maritime academy or college meeting the requirements of this Act."
Approved July 9, 1971.
HOUSE REPORTS: No. 92-62 (Comm. on Merchant Marine and Fisheries) and
SENATE REPORTS: No. 92-132 (Comm. on Commerce) and 92-237 (Comm. of
CONGRESSIONAL RECORD, Vol. 117 (1971):
Apr. 20, considered and passed House.
May 26, considered and passed Senate, amended.
June 24, Senate agreed to conference report.
House agreed to conference report.