87 STAT. 1067 24 UST 923. the minimum penalty requirement shall not apply. The amount of any such minimum civil penalty assessed shall be deposited directly into the Offshore Shrimp Fisheries Fund. The amount of any such civil penalty over the minimum penalty may be compromised by the Secretary. (b) The Secretary shall notify any vessel owner involved in a violation of section 8 of the outcome of any proceeding under subsection (a) above. (c) The Secretary, after notice and opportunity for hearing, may assess against a vessel owner a civil penalty equal to the value of the catch on board the vessel when detained and the value of the gear involved in a violation of section 8(a)(1), or involved in a second or subsequent violation of any other provision of section 8(a) by a person against whom a penalty had previously been assessed under section 9(a) for a violation involving the operation of a vessel owned by the same person as the vessel involved in such second or subsequent violation. The amount of any such penalty shall be deposited as miscellaneous receipts into the general fund of the Treasury. (d) Upon failure of the party penalized as provided in this section to pay the penalty within thirty days of the assessment thereof, the Secretary may request the Attorney General to commence action in the Federal district court having jurisdiction over the party for such relief as may be appropriate. In any such action for relief, the Secretary's penalty assessment shall be final and unreviewable unless the penalized party has otherwise sought judicial review thereof. (e) In any hearing held by the Secretary in connection with the assessment of a civil penalty hereunder, the vessel owner, the master or any other person against whom a penalty may be assessed may appear in person or by counsel at such hearing or in lieu of a personal appearance may submit such affidavits or depositions as he deems necessary to the defense of any charges which may be considered by the Secretary at such hearing. ENFORCEMENT SEC. 10. (a) This Act shall be enforced jointly by the Secretary, the Secretary of the department in which the Coast Guard is operat ing, and the Secretary of the Treasury. (b) Any duly authorized law enforcement officer of the Government of Brazil who is exercising responsibility under article V of the treaty shall be impowered to act on behalf of the United States to enforce the provisions of the treaty in the area of agreement as fol lows: Any such officer may board and search any vessel which he has reasonable cause to believe has violated any provisions of the treaty. If after boarding and searching such vessel the officer continues to have reasonable cause to believe that a violation has been committed, he may seize and detain the vessel for the sole purpose of delivering it, as soon as practicable, to an agent of the United States Government at the nearest port to the place of seizure or any other place which is mutually agreed upon by the Government of Brazil and the Secretary of State. REGULATIONS SEC. 11. In addition to any specific authority contained in this Act, the Secretary is authorized to issue all regulations necessary to carry out the purposes and objectives of the treaty and this Act. Prior to the issuance of any regulations dealing with the marking of vessels or with the use of radiotelephone frequencies, the Secretary shall consult with the Secretary of the department in which the Coast Guard is operating. APPROPRIATIONS 87 STAT, 1068 SEC. 12. (a) There is hereby authorized to be appropriated such amounts as are necessary for enforcement expenses pursuant to article VI of the treaty, to be deposited in the Offshore Shrimp Fisheries 24 UST 923. Fund. (b) There is also hereby authorized to be appropriated such amounts as are necessary for domestic enforcement expenses and the expenses of administering the provisions of the treaty, this Act, and the regulations, to be available until expended, when so provided in appropriation acts. So much of the permit fees as are identified for administrative costs shall be deposited as miscellaneous receipts to the general fund of the Treasury. TERMINATION SEC. 13. The provisions of this Act, except section 15, shall expire June 15, 1975. SEVERABILITY SEC. 14. The provisions of this Act shall be severable and if any part of the Act is declared unconstitutional or the applicability thereof is held invalid, the constitutionality of the remainder and the applicability thereof shall not be affected thereby. SEC. 15. Subsections (a) and (b) of section 5 of the Act of May 20, 1964 (78 Stat. 196), are amended to read as follows: 16 USC 1085. "(a) As used in this Act, the term 'Continental Shelf fishery "Continental resource' means living organisms belonging to sedentary species; that Shelf fishery is to say, organisms, which at the harvestable stage, either are immobile resource." 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, including the following species: "CRUSTACEA "Tanner Crab Chionoecetes tanneri; "California King Crab-Paralithodes californiensis; "Golden King Crab-Lithodes aequispinus; "Northern Stone Crab-Lithodes maia; "Stone Crab-Menippe mercenaria; and "Deep-sea Red Crab Ceryon quinquedens. 87 STAT. 1069 "SPONGES Publication in Federal Register. "Glove Sponge-Hippiospongia canaliculata; "Yellow Sponge-Spongia barbera. "(b) The Secretary of Commerce, in consultation with the Secretary of State, is authorized to publish in the Federal Register additional species of living organisms covered by the provisions of subsection (a) of this section.' Approved January 2, 1974. LEGISLATIVE HISTORY: HOUSE REPORT No. 93-687 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 119 (1973): Dec. 4, considered and passed House. Dec. 18, considered and passed Senate, amended. Public Law 93-254 93rd Congress, H. R. 5450 March 22, 1974 An Act To amend the Marine Protection, Research, and Sanctuaries Act of 1972, in order to implement the provisions of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Marine Protection, Research, and Sanctuaries Act of 1972 (86 Stat. 1052) is amended as follows: (1) Section 2 is amended by deleting the last sentence thereof and by adding a new subsection to read as follows: "(c) It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.". (2) Section 3 is amended— Marine Protection, Research, and Sanctuaries Act of 1972, amendments. 33 USC 1401. 33 USC 1402. (A) in subsection (c), by deleting "oil within the meaning of section 11 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1161), and does not mean sewage from vessels within the meaning of section 13 of such Act (33 U.S.C. 1163).”, and inserting in lieu thereof "sewage from vessels within the 88 STAT. 50 meaning of section 312 of the Federal Water Pollution Control 88 STAT. 51 Act, as amended (33_U.S.C. 1322). Oil within the meaning of 86 Stat. 871. section 311 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321), shall be included only to the extent 86 Stat. 862; that such oil is taken on board a vessel or aircraft for the purpose 87 Stat. 906. of dumping."; (B) in subsection (f), by deleting "(33 U.S.C. 1151–1175)”, and inserting in lieu thereof "(33 U.S.C. 1251-1376)"; and (C) by adding a new subsection to read as follows: "(1) 'Convention' means the Convention on the Prevention of "Convention." Marine Pollution by Dumping of Wastes and Other Matter.". (3) Section 101 is amended to read as follows: 33 USC 1411. (a) Except as may be authorized by a permit issued pursuant to section 102 or section 103 of this title, and subject to regulations issued 33 USC 1412, pursuant to section 108 of this title, any "(1) no person shall transport from the United States, and "(2) in the case of a vessel or aircraft registered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumentality, no person shall transport from any location material for the purpose of dumping it into ocean waters. "(b) Except as may be authorized by a permit issued pursuant to section 102 of this title, and subject to regulations issued pursuant to section 108 of this title, no person shall dump any material transported from a location outside the United States (1) into the territorial sea of the United States, or (2) into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the base line from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States.". 1413. 88 STAT. 51 Effective dates. (4) Section 102 is amended- (i) by deleting the words "as provided for in section 101 of this title," and inserting in lieu thereof the words "for which no permit may be issued,"; (ii) by adding, after the phrase "instrumentality of the United States,", the words "or in the case of a vessel or aircraft registered in the United States or flying the United States flag,"; and (iii) by adding at the end of the subsection the following sentence: "To the extent that he may do so without relaxing the requirements of this title, the Administrator, in estab lishing or revising such criteria, shall apply the standards and criteria binding upon the United States under the Convention, including its Annexes." (B) by adding a new subsection to read as follows: "(e) In the case of transportation of material, by a vessel or aircraft registered in the United States or flying the United States flag, from a location in a foreign State Party to the Convention, a permit issued pursuant to the authority of that foreign State Party, in accordance with Convention requirements, and which otherwise could have been issued pursuant to subsection (a) hereof, shall be accepted, for the purposes of this title, as if it were issued by the Administrator under the authority of this section.". SEC. 2. The amendments made by subparagraph 1(4)(A)(iii) and paragraph 1(4) (B) of this Act shall become effective on the date that the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters enters into force for the United States. In all other respects, this Act shall become effective on the date of enactment. Approved March 22, 1974. LEGISLATIVE HISTORY: HOUSE REPORT No. 93-568 (Com. on Merchant Marine and Fisheries), CONGRESSIONAL RECORD: Vol. 119 (1973): Oct. 16, considered and passed House. - Vol. 120 (1974): Mari 8, scnsidered and passed Senate. |