US (United States) Code. Title 17. Chapter 10: Digital audio recording devices and media

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16 USC CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

.

-HEAD-

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

-MISC1-

SUBCHAPTER I - NORTHERN PACIFIC HALIBUT ACT OF 1924

Sec.

761 to 769. Omitted.

SUBCHAPTER II - NORTHERN PACIFIC HALIBUT ACT OF 1932

771 to 771j. Omitted.

SUBCHAPTER III - NORTHERN PACIFIC HALIBUT ACT OF 1937

772 to 772j. Repealed.

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

773. Definitions.

773a. International Pacific Halibut Commission.

(a) United States Commissioners.

(b) Alternate United States Commissioners.

773b. Acceptance or rejection of Commission recommendations.

773c. General responsibility.

(a) Secretary of Commerce.

(b) Adoption of regulations; cooperation with

Canadian officials.

(c) Regional Fishery Management Council involvement.

773d. Cooperation of Federal agencies.

773e. Prohibited acts.

773f. Civil penalties.

(a) Liability; continuing violations; notice;

determination of amount.

(b) Judicial review.

(c) Recovery of assessed penalties by Attorney

General.

(d) Compromise, modification, and remission of

penalties.

773g. Crimes and criminal penalties.

(a) Offenses.

(b) Fines; imprisonment.

(c) Federal jurisdiction.

773h. Forfeitures.

(a) Civil forfeiture proceeding.

(b) United States district court jurisdiction.

(c) Seizure of forfeited property.

(d) Bond or other security; disposal of seized fish.

(e) Presumption of violation.

773i. Administration and enforcement.

(a) Secretary of Commerce and Secretary of department

in which Coast Guard is operating.

(b) Arrest, search and inspection, seizure; execution

of warrants or other process.

(c) Citation of owner or operator of offending

vessel.

(d) United States district court jurisdiction.

(e) Witnesses; records and files.

(f) Investigations by Secretary of Commerce; powers;

process.

773j. Authorization of appropriations.

773k. Location of office space and other facilities on or near

University of Washington campus in State of Washington.

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16 USC SUBCHAPTER I - NORTHERN PACIFIC HALIBUT ACT OF

1924 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER I - NORTHERN PACIFIC HALIBUT ACT OF 1924

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SUBCHAPTER I - NORTHERN PACIFIC HALIBUT ACT OF 1924

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16 USC Sec. 761 to 769 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER I - NORTHERN PACIFIC HALIBUT ACT OF 1924

-HEAD-

Sec. 761 to 769. Omitted

-COD-

CODIFICATION

Sections, act June 7, 1924, ch. 345, Sec. 1-10, 12, 43 Stat.

648-650, constituting the Northern Pacific Halibut Act of 1924, are

covered by act May 17, 1982, Pub. L. 97-176, Sec. 1-13, 96 Stat.

78-84, incorporated in sections 773 to 773k of this title.

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16 USC SUBCHAPTER II - NORTHERN PACIFIC HALIBUT ACT OF

1932 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER II - NORTHERN PACIFIC HALIBUT ACT OF 1932

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SUBCHAPTER II - NORTHERN PACIFIC HALIBUT ACT OF 1932

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16 USC Sec. 771 to 771j 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER II - NORTHERN PACIFIC HALIBUT ACT OF 1932

-HEAD-

Sec. 771 to 771j. Omitted

-COD-

CODIFICATION

Sections, act May 2, 1932, ch. 154, Sec. 1-11, 47 Stat. 142-144,

constituting the Northern Pacific Halibut Act of 1932, are covered

by act May 17, 1982, Pub. L. 97-176, Sec. 1-13, 96 Stat. 78-84,

incorporated in sections 773 to 773k of this title.

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16 USC SUBCHAPTER III - NORTHERN PACIFIC HALIBUT ACT OF

1937 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER III - NORTHERN PACIFIC HALIBUT ACT OF 1937

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SUBCHAPTER III - NORTHERN PACIFIC HALIBUT ACT OF 1937

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16 USC Sec. 772 to 772j 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER III - NORTHERN PACIFIC HALIBUT ACT OF 1937

-HEAD-

Sec. 772 to 772j. Repealed. Pub. L. 97-176, Sec. 14, May 17, 1982,

96 Stat. 84

-MISC1-

Section 772, act June 28, ch. 392, Sec. 1, 50 Stat. 325, provided

that this subchapter may be cited as the ''Northern Pacific Halibut

Act of 1937''. See section 1 of Pub. L. 97-176, set out as a Short

Title note under section 773 of this title, for the short title of

the successor Northern Pacific Halibut Act of 1982.

Section 772a, acts June 28, 1937, ch. 392, Sec. 2, 50 Stat. 325;

Aug. 8, 1953, ch. 382, 67 Stat. 494, defined ''Convention'',

''Commission'', ''person'', ''Territorial waters of the United

States'', ''Territorial waters of Canada'', ''Convention waters'',

''halibut'', and ''vessel''. See section 773 of this title.

Section 772b, act June 28, 1937, ch. 392, Sec. 3, 50 Stat. 326,

enumerated the unlawful acts under the terms of the Northern

Pacific Halibut Act of 1937. See section 773e of this title.

Section 772c, act June 28, 1937, ch. 392, Sec. 4, 50 Stat. 327,

related to the duty of the owner or master of vessels to keep

records and reports and to make them available for inspection.

Section 772d, act June 28, 1937, ch. 392, Sec. 5, 50 Stat. 327;

1939 Reorg. Plan No. II, Sec. 4(e), eff. July 1, 1939, 4 F.R.

2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, Sec. 3, eff. June

30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1970 Reorg. Plan No. 4, eff.

Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to enforcement,

arrest and seizure of offending persons and vessels, detention, and

use of the testimony of Federal officers and employees. See

section 773i of this title.

Section 772e, act June 28, 1937, ch. 392, Sec. 6, 50 Stat. 328;

1939 Reorg. Plan No. II, Sec. 4(e), eff. July 1, 1939, 4 F.R.

2731, 53 Stat. 1433; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090, related to penalties and forfeitures.

See sections 773f to 773h of this title.

Section 772f, act June 28, 1937, ch. 392, Sec. 7, 50 Stat. 328;

1939 Reorg. Plan No. II, Sec. 4(e), eff. July 1, 1939, 4 F.R.

2731, 53 Stat. 1433; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090, related to penalties relative to records

and reports.

Section 772g, act June 28, 1937, ch. 392, Sec. 8, 50 Stat. 328,

exempted the Commission and its agents when engaged in scientific

investigations from the prohibitions of the subchapter.

Section 772h, act June 28, 1937, ch. 392, Sec. 9, 50 Stat. 328;

1939 Reorg. Plan No. II, Sec. 4(e), eff. July 1, 1939, 4 F.R.

2731, 53 Stat. 1433; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090, authorized promulgation of rules and

regulations. See section 773c of this title.

Section 772i, act June 28, 1937, ch. 392, Sec. 10, 50 Stat. 328,

set the effective date for the Northern Pacific Halibut Act of 1937

as the date of exchange of ratifications of the Convention of

January 29, 1937, signed by the United States and Canada (July 28,

1937).

Section 772j, act June 28, 1937, ch. 392, Sec. 11, as added Oct.

1, 1965, Pub. L. 89-233, 79 Stat. 902, provided for the location of

office facilities on or near the campus of the University of

Washington. See section 773k of this title.

EFFECTIVE DATE OF REPEAL

Section 14 of Pub. L. 97-176 provided that the Northern Pacific

Halibut Act of 1937 (sections 772 to 772j of this title) is

repealed effective as of the 90th day after the date of enactment

of Pub. L. 97-176 (May 17, 1982).

-CITE-

16 USC SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF

1982 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

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SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

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16 USC Sec. 773 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773. Definitions

-STATUTE-

As used in this subchapter the term:

(a) ''Convention'' means the Convention between the United States

of America and Canada for the Preservation of the Halibut Fishery

of the Northern Pacific Ocean and Bering Sea, signed at Ottawa,

Canada on March 2, 1953, as amended by the Protocol Amending the

Convention, signed at Washington March 29, 1979, and includes the

regulations promulgated thereunder.

(b) ''Commission'' means the International Pacific Halibut

Commission provided for by article III of the Convention.

(c) ''Fishery conservation zone'' means the fishery conservation

zone of the United States established by section 1811 (FOOTNOTE 1)

of this title.

(FOOTNOTE 1) See References in Text note below.

(d) ''Convention waters'' means the maritime areas off the west

coast of the United States and Canada described in article I of the

Convention.

(e) ''Halibut'' means fish of the species Hippoglossus stenolepis

inhabiting Convention waters.

(f) ''Fishing vessel'' means -

(1) any vessel engaged in catching fish in Convention waters or

in processing or transporting fish loaded in Convention waters;

(2) any vessel outfitted to engage in any activity described in

paragraph (1); or

(3) any vessel in normal support of any vessel described in

paragraph (1) or (2).

(g) ''Secretary'' means the Secretary of Commerce.

-SOURCE-

(Pub. L. 97-176, Sec. 2, May 17, 1982, 96 Stat. 78; Pub. L.

102-251, title III, Sec. 302(a), Mar. 9, 1992, 106 Stat. 64; Pub.

L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec. 211(b)),

Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 102-251, title III, Sec. 302(a), 308, Mar. 9, 1992, 106

Stat. 64, 66, provided that, effective on the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1,

1990, enters into force for the United States, with authority to

prescribe implementing regulations effective Mar. 9, 1992, but

with no such regulation to be effective until the date on which

the Agreement enters into force for the United States, section is

amended by amending subsection (c) generally and adding

subsection (h) to read as follows:

(c) ''Exclusive economic zone'' means the zone established by

Proclamation Numbered 5030, dated March 10, 1983. For purposes of

applying this subchapter, the inner boundary of that zone is a line

coterminous with the seaward boundary of each of the coastal

States.

(h) ''Special areas'' means the areas referred to as eastern

special areas in Article 3(1) of the Agreement between the United

States of America and the Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990; in particular, the term

refers to those areas east of the maritime boundary, as defined in

that Agreement, that lie within 200 nautical miles of the baselines

from which the breadth of the territorial sea of Russia is measured

but beyond 200 nautical miles of the baselines from which the

breadth of the territorial sea of the United States is measured.

-REFTEXT-

REFERENCES IN TEXT

Section 1811 of this title, referred to in subsec. (c), which

established the fishery conservation zone, was amended generally by

Pub. L. 99-659, title I, Sec. 101(b), Nov. 14, 1986, 100 Stat.

3706, and now relates to United States sovereign rights to fish and

fishery management authority within the exclusive economic zone.

Proclamation Numbered 5030, referred to in subsec. (c), is Proc.

No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out as a note

under section 1453 of this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-208 made technical amendment to

reference in original act which appears in text as reference to

section 1811 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 308 of title III of Pub. L. 102-251 provided that:

''(a) In General. - The amendment made by section 301(e)(3)

(amending section 1822 of this title) takes effect on the date of

enactment of this Act (Mar. 9, 1992), and the amendments made by

the other provisions of this title (amending this section and

sections 773e, 1151, 1362, 1801, 1802, 1811, 1821, 1822, 1824,

1853, 1857, 1861, 3631, and 3636 of this title and sections 1122

and 1124a of Title 33, Navigation and Navigable Waters), except as

provided in subsection (b), shall be effective on the date on which

the Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1, 1990,

enters into force for the United States.

''(b) Authority To Prescribe Regulations. - The authority to

prescribe regulations to implement the amendments made by this

title shall be effective on the date of enactment of this Act (Mar.

9, 1992), but no such regulation may be effective until the date on

which the Agreement described in subsection (a) enters into force

for the United States.''

SHORT TITLE

Section 1 of Pub. L. 97-176 provided: ''That this Act (enacting

this subchapter and repealing subchapter III of this chapter) may

be cited as the 'Northern Pacific Halibut Act of 1982'.''

-CITE-

16 USC Sec. 773a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773a. International Pacific Halibut Commission

-STATUTE-

(a) United States Commissioners

The United States shall be represented on the Commission by three

United States Commissioners to be appointed by the President and to

serve at his pleasure. The Commissioners shall receive no

compensation for their services as Commissioners. Each United

States Commissioner shall be appointed for a term of office not to

exceed 2 years, but is eligible for reappointment. Any United

States Commissioner may be appointed for a term of less than 2

years if such appointment is necessary to ensure that the terms of

office of not more than two Commissioners will expire in any 1

year. A vacancy among the United States Commissioners shall be

filled by the President in the manner in which the original

appointment was made, but any Commissioner appointed to fill a

vacancy occurring before the expiration of the term for which the

Commissioner's predecessor was appointed shall be appointed only

for the remainder of such term. Of the Commissioners -

(1) one shall be an official of the National Oceanic and

Atmospheric Administration; and

(2) two shall be knowledgeable or experienced concerning the

Northern Pacific halibut fishery; of these, one shall be a

resident of Alaska and the other shall be a nonresident of

Alaska. Of the three commissioners described in paragraphs (1)

and (2), one shall be a voting member of the North Pacific

Fishery Management Council.

(3) Commissioners shall not be considered Federal employees

except for the purposes of injury compensation or tort claims

liability as provided in section 8101 et seq. of title 5 and

section 2671 et seq. of title 28. This subsection shall take

effect on the 90th day after May 17, 1982.

(b) Alternate United States Commissioners

The Secretary of State, in consultation with the Secretary, may

designate from time to time alternate United States Commissioners

to the commission. An Alternate United States Commissioner may

exercise, at any meeting of the Commission, all powers and duties

of a United States Commissioner in the absence of a duly designated

Commissioner for whatever reason. The number of such alternate

United States Commissioners that may be designated for any such

meeting shall be limited to the number of authorized United States

Commissioners that will not be present.

-SOURCE-

(Pub. L. 97-176, Sec. 3, May 17, 1982, 96 Stat. 78.)

-CITE-

16 USC Sec. 773b 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773b. Acceptance or rejection of Commission recommendations

-STATUTE-

The Secretary of State, with the concurrence of the Secretary,

may accept or reject, on behalf of the United States,

recommendations made by the Commission in accordance with article

III of the Convention and paragraphs 14 and 15 of the annex to the

Convention.

-SOURCE-

(Pub. L. 97-176, Sec. 4, May 17, 1982, 96 Stat. 79.)

-CITE-

16 USC Sec. 773c 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773c. General responsibility

-STATUTE-

(a) Secretary of Commerce

The Secretary shall have general responsibility to carry out the

Convention and this subchapter.

(b) Adoption of regulations; cooperation with Canadian officials

In fulfilling this responsibility, the Secretary -

(1) shall, in consultation with the Secretary of the department

in which the Coast Guard is operating, adopt such regulations as

may be necessary to carry out the purposes and objectives of the

Convention and this subchapter; and

(2) may, with the concurrence of the Secretary of State,

cooperate with the duly authorized officials of the Government of

Canada.

(c) Regional Fishery Management Council involvement

The Regional Fishery Management Council having authority for the

geographic area concerned may develop regulations governing the

United States portion of Convention waters, including limited

access regulations, applicable to nationals or vessels of the

United States, or both, which are in addition to, and not in

conflict with regulations adopted by the Commission. Such

regulations shall only be implemented with the approval of the

Secretary, shall not discriminate between residents of different

States, and shall be consistent with the limited entry criteria set

forth in section 1853(b)(6) of this title. If it becomes necessary

to allocate or assign halibut fishing privileges among various

United States fishermen, such allocation shall be fair and

equitable to all such fishermen, based upon the rights and

obligations in existing Federal law, reasonably calculated to

promote conservation, and carried out in such manner that no

particular individual, corporation, or other entity acquires an

excessive share of the halibut fishing privileges: Provided, That

the Regional Council may provide for the rural coastal villages of

Alaska the opportunity to establish a commercial halibut fishery in

areas in the Bering Sea to the north of 56 degrees north latitude

during a 3 year development period.

-SOURCE-

(Pub. L. 97-176, Sec. 5, May 17, 1982, 96 Stat. 79; Pub. L.

104-208, div. A, title I, Sec. 101(a) (title II, Sec. 211(b)),

Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-208 made technical amendment to

reference in original act which appears in text as reference to

section 1853(b)(6) of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

16 USC Sec. 773d 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773d. Cooperation of Federal agencies

-STATUTE-

Any agency of the Federal Government is authorized upon request

of the Commission, to cooperate in the conduct of scientific and

other programs, and to furnish on a reimbursable basis, facilities

and personnel for the purposes of assisting the Commission in

carrying out its duties under the Convention. Such agency may

accept reimbursement from the Commission.

-SOURCE-

(Pub. L. 97-176, Sec. 6, May 17, 1982, 96 Stat. 80.)

-CITE-

16 USC Sec. 773e 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773e. Prohibited acts

-STATUTE-

It is unlawful -

(a) for any person subject to the jurisdiction of the United

States -

(1) to violate any provision of the Convention, this

subchapter or any regulation adopted under this subchapter;

(2) to refuse to permit any enforcement officer to board a

fishing vessel subject to such person's control for purposes of

conducting any search or inspection in connection with the

enforcement of the Convention, this subchapter or any

regulation adopted under this subchapter;

(3) to forcibly assault, resist, oppose, impede, intimidate

or interfere with any enforcement officer in the conduct of any

search or inspection described in paragraph (2);

(4) to resist a lawful arrest or detention for any act

prohibited by this section;

(5) to ship, transport, offer for sale, sell, purchase,

import, export or have custody, control or possession of, any

fish taken or retained in violation of the Convention, this

subchapter, or any regulation adopted under this subchapter; or

(6) to interfere with, delay or prevent, by any means, the

apprehension, arrest or detention of another person, knowing

that such person has committed any act prohibited by this

section.

(b) for any foreign fishing vessel, and for the owner or

operator of any foreign fishing vessel, to engage in fishing for

halibut in the fishery conservation zone, unless such fishing is

authorized by, and conducted in accordance with the Convention,

this subchapter and regulations adopted under this subchapter.

-SOURCE-

(Pub. L. 97-176, Sec. 7, May 17, 1982, 96 Stat. 80; Pub. L.

102-251, title III, Sec. 302(b), Mar. 9, 1992, 106 Stat. 65.)

-STATAMEND-

AMENDMENT OF SUBSECTION (B)

Pub. L. 102-251, title III, Sec. 302(b), 308, Mar. 9, 1992, 106

Stat. 65, 66, provided that, effective on the date on which the

Agreement between the United States and the Union of Soviet

Socialist Republics on the Maritime Boundary, signed June 1,

1990, enters into force for the United States, with authority to

prescribe implementing regulations effective Mar. 9, 1992, but

with no such regulation to be effective until the date on which

the Agreement enters into force for the United States, subsection

(b) is amended by substituting ''exclusive economic zone or

special areas'' for ''fishery conservation zone''.

-MISC1-

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement

between United States and Union of Soviet Socialist Republics on

the Maritime Boundary, signed June 1, 1990, enters into force for

United States, with authority to prescribe implementing regulations

effective Mar. 9, 1992, but with no such regulation to be effective

until date on which Agreement enters into force for United States,

see section 308 of Pub. L. 102-251, set out as a note under section

773 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 773f, 773g, 773h, 773i of

this title.

-CITE-

16 USC Sec. 773f 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773f. Civil penalties

-STATUTE-

(a) Liability; continuing violations; notice; determination of

amount

Any person who is found by the Secretary, after notice and

opportunity for a hearing in accordance with section 554 of title

5, to have committed an act prohibited by section 773e of this

title shall be liable to the United States for a civil penalty.

The amount of the civil penalty shall not exceed $25,000 for each

violation. Each day of a continuing violation shall constitute a

separate offense. The amount of such civil penalty shall be

assessed by the Secretary, or his designee, by written notice. In

determining the amount of such penalty, the Secretary shall take

into account the nature, circumstances, extent, and gravity of the

prohibited acts committed and, with respect to the violation, the

degree of culpability, and history of prior offenses, ability to

pay, and such other matters as justice may require.

(b) Judicial review

Any person against whom a civil penalty is assessed under

subsection (a) of this section may obtain review thereof in the

appropriate court of the United States by filing a notice of appeal

in such court within 30 days from the date of such order and by

simultaneously sending a copy of such notice by certified mail to

the Secretary and the Attorney General. The Secretary shall

promptly file in such court a certified copy of the record upon

which such violation was found or such penalty imposed, in

accordance with rules prescribed pursuant to section 2112 of title

28. The findings and order of the Secretary shall be set aside by

such court if they are not found to be supported by substantial

evidence, as provided in section 706(2) of title 5.

(c) Recovery of assessed penalties by Attorney General

If any person fails to pay an assessment of a civil penalty after

it has become a final and unappealable order, or after the

appropriate court has entered final judgment in favor of the

Secretary, the Secretary shall refer the matter to the Attorney

General of the United States, who shall recover the amount assessed

in any appropriate district court of the United States. In such

action, the validity and appropriateness of the final order

imposing the civil penalty shall not be subject to review.

(d) Compromise, modification, and remission of penalties

The Secretary may compromise, modify, or remit, with or without

conditions, any civil penalty which is subject to imposition or

which has been imposed under this section.

-SOURCE-

(Pub. L. 97-176, Sec. 8, May 17, 1982, 96 Stat. 80.)

-CITE-

16 USC Sec. 773g 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773g. Crimes and criminal penalties

-STATUTE-

(a) Offenses

A person is guilty of any (FOOTNOTE 1) offense if he commits an

act prohibited by section 773e(a)(2), (3), (4), or (6) of this

title; or section 773e(b) of this title.

(FOOTNOTE 1) So in original. Probably should be ''an''.

(b) Fines; imprisonment

Any offense described in subsection (a) of this section is

punishable by a fine of not more than $50,000 or imprisonment for

not more than 6 months, or both; except that if in the commission

of any offense the person uses a dangerous weapon, engages in

conduct that causes bodily injury to any officer authorized to

enforce the provisions of this subchapter, or places any such

officer in fear of imminent bodily injury the offense is punishable

by a fine of not more than $100,000, or imprisonment for not more

than 10 years or both.

(c) Federal jurisdiction

There is Federal jurisdiction over any offense described in this

section.

-SOURCE-

(Pub. L. 97-176, Sec. 9, May 17, 1982, 96 Stat. 81.)

-CITE-

16 USC Sec. 773h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773h. Forfeitures

-STATUTE-

(a) Civil forfeiture proceeding

Any fishing vessel (including its fishing gear, furniture,

appurtenances, stores, and cargo) used, and any fish taken or

retained, in any manner, in connection with or as a result of the

commission of any act prohibited by section 773e of this title

shall be subject to forfeiture to the United States. All or part of

such vessel may, and all such fish shall, be forfeited to the

United States pursuant to a civil proceeding under this section.

(b) United States district court jurisdiction

Any district court of the United States shall have jurisdiction,

upon application by the Attorney General on behalf of the United

States, to order any forfeiture authorized under subsection (a) of

this section and any action provided for under subsection (d) of

this section.

(c) Seizure of forfeited property

If a judgment is entered for the United States in a civil

forfeiture proceeding under this section, the Attorney General may

seize any property or other interest declared forfeited to the

United States, which has not previously been seized pursuant to

this subchapter or for which security has not previously been

obtained under subsection (d) of this section. The provisions of

the customs laws relating to -

(1) the disposition of forfeited property;

(2) the proceeds from the sale of forfeited property;

(3) the remission or mitigation of forfeitures; and

(4) the compromise of claims;

shall apply to any forfeiture ordered, and to any case in which

forfeiture is alleged to be authorized, under this section, unless

such provisions are inconsistent with the purposes, policy, and

provisions of this subchapter. The duties and powers imposed upon

the Commissioner of Customs or other persons under such provisions

shall, with respect to this subchapter, be performed by officers or

other persons designated for such purpose by the Secretary.

(d) Bond or other security; disposal of seized fish

(1) Any officer authorized to serve any process in rem which is

issued by a court having jurisdiction under section 773i(d) of this

title shall -

(A) stay the execution of such process; or

(B) discharge any fish seized pursuant to such process;

upon the receipt of a satisfactory bond or other security from any

person claiming such property. Such bond or other security shall

be conditioned upon such person delivering such property to the

appropriate court upon order thereof, without any impairment of its

value, or paying the monetary value of such property pursuant to an

order of such court. Judgment shall be recoverable on such bond or

other security against both the principal and any sureties in the

event that any condition thereof is breached, as determined by such

court.

(2) Any fish seized pursuant to this subchapter may be disposed

of pursuant to the order of a court of competent jurisdiction or,

if perishable, in a manner prescribed by regulations of the

Secretary or the Secretary of the department in which the Coast

Guard is operating.

(e) Presumption of violation

For purposes of this section, it shall be a rebuttable

presumption that all fish found on board a fishing vessel which is

seized in connection with an act prohibited by section 773e of this

title were taken or retained in violation of the Convention and

this subchapter.

-SOURCE-

(Pub. L. 97-176, Sec. 10, May 17, 1982, 96 Stat. 81.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

16 USC Sec. 773i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773i. Administration and enforcement

-STATUTE-

(a) Secretary of Commerce and Secretary of department in which

Coast Guard is operating

The Convention, this subchapter, and any regulation adopted under

this subchapter, shall be enforced by the Secretary and the

Secretary of the department in which the Coast Guard is operating.

Such Secretaries may, by agreement, on a reimbursable basis or

otherwise, utilize the personnel, services, equipment (including

aircraft and vessels), and facilities of any other Federal agency,

and of any State agency, in the performance of such duties.

(b) Arrest, search and inspection, seizure; execution of warrants

or other process

Any officer who is authorized by the Secretary, the Secretary of

the department in which the Coast Guard is operating, or the head

of any Federal or State agency which has entered into an agreement

with such Secretaries under subsection (a) of this section to

enforce the Convention, this subchapter or any regulation adopted

under this subchapter may -

(1) with or without a warrant or other process -

(A) arrest any person, if he has reasonable cause to believe

that such person has committed an act prohibited by section

773e of this title;

(B) board, and search or inspect, any fishing vessel which is

subject to this subchapter;

(C) at reasonable times enter, and search or inspect,

shoreside facilities in which fish taken subject to this

subchapter are processed, packed or held;

(D) seize any fishing vessel (together with its fishing gear,

furniture, appurtenances, stores, and cargo) used or employed

in, or with respect to which it reasonably appears that such

vessel was used or employed in, an act prohibited by section

773e of this title;

(E) seize any fish (wherever found) taken or retained in the

course of an act prohibited by section 773e of this title, or

the proceeds of the sale of such fish; and

(F) seize any other evidence related to an act prohibited by

section 773e of this title;

(2) execute any warrant or other process issued by any court of

competent jurisdiction; and

(3) exercise any other lawful authority.

(c) Citation of owner or operator of offending vessel

If any officer authorized to enforce this subchapter (as provided

for in this section) finds that a fishing vessel is operating or

has been operated in the commission of an act prohibited by section

773e of this title, such officer may, in accordance with

regulations issued jointly by the Secretary and the Secretary of

the department in which the Coast Guard is operating, issue a

citation to the owner or operator of such vessel in lieu of

proceeding under subsection (b) of this section. If a permit has

been issued pursuant to this subchapter for such vessel, such

officer shall note the issuance of any citation under this

subsection, including the date thereof and the reason therefor, on

the permit. The Secretary shall maintain a record of all citations

issued pursuant to this subsection.

(d) United States district court jurisdiction

The district courts of the United States shall have exclusive

jurisdiction over any case or controversy arising under this

subchapter. Any such court may, at any time -

(1) enter restraining orders or prohibitions;

(2) issue warrants, process in rem or other process;

(3) prescribe and accept satisfactory bonds or other security;

and

(4) take such other actions as are in the interest of justice.

(e) Witnesses; records and files

When requested by the appropriate authorities of Canada, officers

or employees of the Coast Guard, the National Oceanic and

Atmospheric Administration or any other agency of the United States

may be directed to attend as a witness, and to produce such

available records and files or duly certified copies thereof as may

be necessary for the prosecution in Canada of any violation of the

Convention or any Canadian law relating to the enforcement thereof.

(f) Investigations by Secretary of Commerce; powers; process

(1) In cooperation with such other agencies as may be

appropriate, the Secretary may conduct or cause to be conducted

such law enforcement investigations as are deemed necessary to

carry out the purposes of this subchapter.

(2) For the purpose of all investigations which, in the opinion

of the Secretary, are necessary and proper for the enforcement of

this subchapter, the Secretary or any officer designated by him is

empowered to administer oaths and affirmations, subpena witnesses,

take evidence, and require the production of any books, papers, or

other documents which the Secretary deems relevant or material to

the inquiry. Such attendance of witnesses and the production of

such documentary evidence may be required from any place in the

United States at any designated place or hearing.

(3) Process of the Secretary may be served by anyone duly

authorized by him either -

(A) by delivering a copy thereof to the individual to be

served, or to a member of the partnership to be served, or the

president, secretary, or other executive officer or a director of

the corporation to be served; or the agent designated for service

of process;

(B) by leaving a copy thereof at the residence or the principal

office or place of business of such individual, partnership, or

corporation; or

(C) by mailing a copy thereof by registered or certified mail

addressed to such individual, partnership, or corporation at his

or its residence or principal office or place of business. The

verified return by the individual so serving such complaint,

order, or other process setting forth the manner of service shall

be proof of same, and the returned post office receipt for such

complaint, order, or other process mailed by registered or

certified mail shall be proof of the service of the same.

-SOURCE-

(Pub. L. 97-176, Sec. 11, May 17, 1982, 96 Stat. 82.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 773h of this title.

-CITE-

16 USC Sec. 773j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773j. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated for fiscal year

1983 and beyond, such sums as may be necessary for carrying out the

Convention and this subchapter, including -

(a) necessary travel expenses of the United States

Commissioners or alternate Commissioners; and

(b) the United States share of the joint expenses of the

Commission: Provided, That the Commissioners shall not, with

respect to commitments concerning the United States share of the

joint expenses of the Commission, be subject to section 262(b)

(FOOTNOTE 1) of title 22 insofar as it limits the authority of

United States representatives to international organizations with

respect to such commitments.

(FOOTNOTE 1) So in original. Probably should be section

''262b''.

-SOURCE-

(Pub. L. 97-176, Sec. 12, May 17, 1982, 96 Stat. 84.)

-CITE-

16 USC Sec. 773k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10 - NORTHERN PACIFIC HALIBUT FISHING

SUBCHAPTER IV - NORTHERN PACIFIC HALIBUT ACT OF 1982

-HEAD-

Sec. 773k. Location of office space and other facilities on or near

University of Washington campus in State of Washington

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary for the Secretary of State to provide for fiscal year

1983 and beyond, by contract, grant, or otherwise, facilities for

office and any other necessary space for the Commission. Such

facilities shall be located on or near the campus of the University

of Washington in the State of Washington and shall be provided

without regard to the cost-sharing provisions in the Convention.

-SOURCE-

(Pub. L. 97-176, Sec. 13, May 17, 1982, 96 Stat. 84.)

-CITE-