-CITE-

15 USC CHAPTER 13A - FISHING INDUSTRY 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 13A - FISHING INDUSTRY

.

-HEAD-

CHAPTER 13A - FISHING INDUSTRY

-MISC1-

Sec.

521. Fishing industry; associations authorized; ''aquatic

products'' defined; marketing agencies; requirements.

522. Monopolies or restraints of trade; service of complaint by

Secretary of Commerce; hearing; order to cease and desist;

jurisdiction of district court.

-CITE-

15 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 13A - FISHING INDUSTRY

-HEAD-

Sec. 521. Fishing industry; associations authorized; ''aquatic

products'' defined; marketing agencies; requirements

-STATUTE-

Persons engaged in the fishery industry, as fishermen, catching,

collecting, or cultivating aquatic products, or as planters of

aquatic products on public or private beds, may act together in

associations, corporate or otherwise, with or without capital

stock, in collectively catching, producing, preparing for market,

processing, handling, and marketing in interstate and foreign

commerce, such products of said persons so engaged.

The term ''aquatic products'' includes all commercial products of

aquatic life in both fresh and salt water, as carried on in the

several States, the District of Columbia, the several Territories

of the United States, the insular possessions, or other places

under the jurisdiction of the United States.

Such associations may have marketing agencies in common, and such

associations and their members may make the necessary contracts and

agreements to effect such purposes: Provided, however, That such

associations are operated for the mutual benefit of the members

thereof, and conform to one or both of the following requirements:

First. That no member of the association is allowed more than one

vote because of the amount of stock or membership capital he may

own therein; or

Second. That the association does not pay dividends on stock or

membership capital in excess of 8 per centum per annum.

and in any case to the following:

Third. That the association shall not deal in the products of

nonmembers to an amount greater in value than such as are handled

by it for members.

-SOURCE-

(June 25, 1934, ch. 742, Sec. 1, 48 Stat. 1213.)

-CITE-

15 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 13A - FISHING INDUSTRY

-HEAD-

Sec. 522. Monopolies or restraints of trade; service of complaint

by Secretary of Commerce; hearing; order to cease and desist;

jurisdiction of district court

-STATUTE-

If the Secretary of Commerce shall have reason to believe that

any such association monopolizes or restrains trade in interstate

or foreign commerce to such an extent that the price of any aquatic

product is unduly enhanced by reason thereof, he shall serve upon

such association a complaint stating his charge in that respect, to

which complaint shall be attached, or contained therein, a notice

of hearing, specifying a day and place not less than thirty days

after the service thereof, requiring the association to show cause

why an order should not be made directing it to cease and desist

from monopolization or restraint of trade. An association so

complained of may at the time and place so fixed show cause why

such order should not be entered. The evidence given on such a

hearing shall be taken under such rules and regulations as the

Secretary of Commerce may prescribe, reduced to writing, and made a

part of the record therein. If upon such hearing the Secretary of

Commerce shall be of the opinion that such association monopolizes

or restrains trade in interstate or foreign commerce to such an

extent that the price of any aquatic product is unduly enhanced

thereby, he shall issue and cause to be served upon the association

an order reciting the facts found by him, directing such

association to cease and desist from monopolization or restraint of

trade. On the request of such association or if such association

fails or neglects for thirty days to obey such order, the Secretary

of Commerce shall file in the district court in the judicial

district in which such association has its principal place of

business a certified copy of the order and of all the records in

the proceedings, together with a petition asking that the order be

enforced, and shall give notice to the Attorney General and to said

association of such filing. Such district court shall thereupon

have jurisdiction to enter a decree affirming, modifying, or

setting aside said order, or enter such other decree as the court

may deem equitable, and may make rules as to pleadings and

proceedings to be had in considering such order. The place of

trial may, for cause or by consent of parties, be changed as in

other causes.

The facts found by the Secretary of Commerce and recited or set

forth in said order shall be prima facie evidence of such facts,

but either party may adduce additional evidence. The Department of

Justice shall have charge of the enforcement of such order. After

the order is so filed in such district court and while pending for

review therein, the court may issue a temporary writ of injunction

forbidding such association from violating such order or any part

thereof. The court shall, upon conclusion of its hearing, enforce

its decree by a permanent injunction or other appropriate remedy.

Service of such complaint and of all notices may be made upon such

association by service upon any officer, or agent thereof, engaged

in carrying on its business, or on any attorney authorized to

appear in such proceeding for such association and such service

shall be binding upon such association, the officers and members

thereof.

-SOURCE-

(June 25, 1934, ch. 742, Sec. 2, 48 Stat. 1214; 1939 Reorg. Plan

No. II, Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431;

1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.

2090.)

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Commerce'' substituted in text for ''Secretary of

the Interior'' in view of: creation of National Oceanic and

Atmospheric Administration in Department of Commerce and Office of

Administrator of such Administration; abolition of Bureau of

Commercial Fisheries in Department of the Interior and Office of

Director of such Bureau; transfers of functions, including

functions formerly vested by law in Secretary of the Interior or

Department of the Interior which were administered through Bureau

of Commercial Fisheries or were primarily related to such Bureau,

exclusive of certain enumerated functions with respect to Great

Lakes fishery research, Missouri River Reservoir research, Gulf

Breeze Biological Laboratory, and Trans-Alaska pipeline

investigations; and transfer of marine sport fish program of Bureau

of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff.

Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix

to Title 5, Government Organization and Employees.

Functions of Secretary of Commerce under this section transferred

to Secretary of the Interior by Reorg. Plan No. II of 1939, set out

in the Appendix to Title 5, Government Organization and Employees,

which transferred Bureau of Fisheries from Department of Commerce

to Department of the Interior.

-CITE-