"Commercial fisheries" means any organization, individual, or group of organizations or individuals engaged in the harvesting, catching, processing, distribution, or sale of fish, shellfish, or fish products. "Fiscal year" means the period beginning July 1 and ending June 30.

"Obligated" means the written approval by the Secretary of the Interior of a project submitted by the State agency pursuant to this chapter.

"Project" means the program of research and development of the commercial fishery resources, including the construction of facilities by the States for the purposes of carrying out the provisions of this chapter.

"Raw fish" means aquatic plants and animals. "State" means the several States of the United States, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Islands.

"State agency" means any department, agency, commission, or official of a State authorized under its laws to regulate commercial fisheries. (Pub. L. 88-309, § 2, May 20, 1964, 78 Stat. 197; amended Pub. L. 94-485, § 1(1), Oct. 12, 1976, 90 Stat. 2326.)

AMENDMENT

1976 Sec. 1(1) of Pub. L. 94-485 added "the Trust Territory of the Pacific Islands" to the definition of "State."

EFFECTIVE DATE OF 1976 AMENDMENT

Section 2 of Pub. L. 94-485 provided that amendments made by Sec. 1 would be effective October 1, 1976. § 779a. Cooperation with States on projects; use of funds; joint projects between states; consent to interstate compacts; reservation of right to alter, amend or repeal consent.

(a) The purpose of this chapter is to authorize the Secretary of the Interior to cooperate with the States through their respective State agencies in carrying out projects designed for the research and development of the commercial fisheries resources of the Nation. Federal funds made available under this chapter will be used to supplement, and, to the extent practicable, increase the amounts of State funds that would be made available for commercial fisheries research and development in the absence of these Federal funds.

(b) (1) Nothing in this chapter prevents any two or more States from acting jointly in carrying out a project.

(2) The Congress consents to any compact or agreement between any two or more States for the purpose of carrying out a project. The right to alter, amend, or repeal this subsection or the consent granted under this subsection is expressly reserved. (Pub. L. 88-309, § 3, May 20, 1964, 78 Stat. 197.)

§ 779b. Authorization of appropriations.

(a) There is authorized to be appropriated to the Secretary of the Interior for the fiscal year beginning July 1, 1973, and for the four succeeding fiscal years, $5,000,000 in each year for apportionment to the States to carry out the purposes of this chapter. (b) In addition to the amounts authorized in subsection (a) of this section there is authorized to be appropriated for the fiscal year beginning July 1, 1973, and for the four succeeding fiscal years, $1,500,000 in each such year, which shall be made available to the States in such amounts as the Secretary may determine appropriate for the purposes of this chapter: Provided, That the Secretary shall give a preference to those States in which he determines there is a commercial fishery failure due to a resource disaster arising from natural or undetermined causes, and any sums made available under this subsection may be used either by the States or directly by the Secretary in cooperation with the States for any purpose that the Secretary determines is appropriate to restore the fishery affected by such failure or to prevent a similar failure in the future: Provided further, That the funds authorized to be appropriated under this subsection shall not be available to the Secretary for use as grants for chartering fishing vessels. Amounts appropriated pursuant to this subsection shall remain available until expended.

(c) In addition to the funds authorized in subsections (a) and (b) of this section, there is authorized to be appropriated $100,000 for the fiscal year beginning July 1, 1973, and for each succeeding fiscal year during the term of this chapter, which shall be made available to the States in such amounts as the Secretary may determine for developing a new commercial fishery therein. (As amended Pub. L. 92-590, §§ 1-3, Oct. 27, 1972, 86 Stat. 1303.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-590 substituted provisions authorizing appropriations for the fiscal year beginning July 1, 1973, and for the four succeeding years, for provisions authorizing such appropriations for the fiscal year beginning July 1, 1969, and for the three succeeding fiscal years.

Subsec. (b). Pub. L. 92-590 substituted provisions authorizing the appropriation of $1,500,000 for the fiscal year beginning July 1, 1973 and for each of the succeeding four fiscal years, for provisions authorizing appropriation of $650,000 for the fiscal year beginning July 1, 1969, and for the three succeeding fiscal years.

Subsec. (c). Pub. L. 92-590 substituted "for the fiscal year beginning July 1, 1973" for "for the fiscal year beginning July 1, 1969".

§779c. Apportionment of funds among States; basis; minimum apportionment; carryover of unobligated funds.

(a) Funds appropriated pursuant to section 779b(a) of this title shall be apportioned among the States, by the Secretary, on October 1 of each year

or as soon as practicable thereafter, on a basis determined by the ratio which the average of the value of raw fish harvested by domestic commercial fishermen and received within the State (regardless where caught) for the three most recent calendar years for which data satisfactory to the Secretary are available plus the average of the value to the manufacturer of manufactured and processed fishery merchandise manufactured within each State for the three most recent calendar years for which data satisfactory to the Secretary are available, bears to the total average value of all raw fish harvested by domestic commercial fishermen and received within the States (regardless when caught) and fishery merchandise manufactured and processed within the States for the three most recent calendar years for which data satisfactory to the Secretary are available. However, no State may receive an initial apportionment for any fiscal year of less than one-half of 1 per centum of funds or more than 6 per centum of the funds.

(b) (1) Except as provided in paragraph (2) of this subsection, so much of any apportionment for any fiscal year to any State which is not obligated during such year remains available for obligation to that State to carry out the purposes of this Act until the close of the succeeding fiscal year, and, wish to receive all or any part of any funds shall not be considered thereafter to be apportioned to that State and shall remain available until expended to carry out the purposes of this Act as determined by the Secretary without regard to any provision of subsection (a) of this section. (2) If any State

(A) notifies the Secretary that it does not wish to receive all or any part of any funds apportioned to it for any fiscal year pursuant to subsection (a) of this section, or

(B) returns to the Secretary funds received by it pursuant to any apportionment pursuant to such subsection (a),

such funds shall not be considered to be apportioned to that State and shall immediately be available, and remain available until expended, to carry out the purposes of this Act as determined by the Secretary without regard to any provision of such subsection (a). Any notification or return of funds made by any State pursuant to this paragraph is irrevocable.

(Pub. L. 88-309, § 5, May 20, 1964, 78 Stat. 1980; amended Pub. L. 94-485, § 1(2) and (3), Oct. 12, 1976, 90 Stat. 2326.)

AMENDMENT

1976 Sec. 1(3) of Pub. L. 94-485 revised subsec. (b) of Sec. 779c.

§ 779d. Plans.

(a) Submission by States; notification of approval; approval prerequisite to obligation of appropriations and expenditure of funds.

Any State desiring to avail itself of the benefits of this chapter may, through its State agency, submit to the Secretary full plans, specifications, and esti

mates of any project proposed for that State. Items included for engineering, planning, inspection, and unforeseen contingencies in connection with any works to be constructed shall not exceed 10 per centum of the cost of the works, and shall be paid by the State as a part of its contribution to the total cost of the works. If the Secretary approves the plans, specifications, and estimates as being consistent with the purposes of this chapter and in accordance with standards to be established by him, he shall notify the State agency. No part of any moneys appropriated pursuant to this chapter may be obligated with respect to any project until the plans, specifications, and estimates have been submitted to and approved by the Secretary. The expenditure of funds authorized by this chapter shall be applied only to approved projects, and if otherwise applied they shall be replaced by the State before it may participate in any further assistance under this chapter.

(b) Approval; notice; allocation of appropriations; limitation on amount.

If the Secretary approves the plans, specifications, and estimates for the project, he shall promptly notify the State agency and immediately set aside so much of the appropriation made available under section 779b (a) of this title as represents the Federal share payable under this chapter on account of the project, which sum shall not exceed 75 per centum of the total estimated cost of the project.

(c) Payment to proper authority; progress payments. When the Secretary determines that a project approved by him had been completed, or where he otherwise deems it appropriate, he shall cause to be paid to the proper authority of the State, the Federal share of the project. All payments shall be made to the official or depository, as may be designated by the State agency and authorized under the laws of the State to receive public funds of the State. (Pub. L. 88-309, § 6, May 20, 1964, 78 Stat. 198; amended Pub. L. 94-485, § 1(4), Oct. 12, 1976. 90 Stat. 2326.)

posed of not less than five nor more than fifteen persons who shall be selected from the various groups participating in the fisheries included under the conventions, and (b) shall fix the terms of office of the members of such committee, who shall receive no compensation for their services as such members. The advisory committee shall be invited to attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the commissions. The advisory committee may attend all meetings of the international commissions to which they are invited by such commissions. (Sept. 7, 1950, ch. 907, § 4, 64 Stat. 778.)

§ 954. Repealed. Pub. L. 92-471, title II, § 203(b), Oct. 9, 1972, 86 Stat. 787.

Section, act Sept. 7, 1950, ch. 907, § 5, 64 Stat. 778, provided that service of individuals appointed as United States Commissioners shall not be treated as service for the purposes of certain sections of Title 18, Crimes and Criminal Procedure and Title 5, Government Organization and Employees.

§ 955. Secretary of State to act for United States; regulations; rulemaking procedure; prohibitions. (a) The Secretary of State is authorized to approve or disapprove, on behalf of the United States Government, bylaws and rules, or amendments thereof, adopted by each commission and submitted for approval of the United States Government in accordance with the provisions of the conventions, and, with the concurrence of the Secretary of the Interior, to approve or disapprove the general annual programs of the commissions. The Secretary of State is further authorized to receive, on behalf of the United States Government, reports, requests, recommendations, and other communications of the commissions, and to take appropriate action thereon either directly or by reference to the appropriate authority.

(b) Regulations recommended by each commission pursuant to the convention requiring the submission to the commission of records of operations by boat captains or other persons who participate in the fisheries covered by the convention, upon the concurrent approval of the Secretary of State and the Secretary of the Interior, shall be promulgated by the latter and upon publication in the Federal Register, shall be applicable to all vessels and persons subject to the jurisdiction of the United States.

(c) Regulations required to carry out recommendations of the commission made pursuant to paragraph 5 of article II of the Convention for the Establishment of an Inter-American Tropical Tuna Commission shall be promulgated as hereinafter provided by the Secretary of the Interior upon approval of such recommendations by the Secretary of State and the Secretary of the Interior. The Secretary of the Interior shall cause to be published in the Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking through (1) submission of written data, views, or arguments, and (2) oral presentation at a public

hearing. Such regulations shall be published in the Federal Register and shall be accompanied by a statement of the considerations involved in the issuance of the regulations. After publication in the Federal Register such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary of the Interior shall prescribe, but in no event prior to an agreed date for the application by all countries whose vessels engage in fishing for species covered by the convention in the regulatory area on a meaningful scale, in terms of effect upon the success of the conservation program, of effective measures for the implementation of the commission's recommendations applicable to all vessels and persons subject to their respective jurisdictions. The Secretary of the Interior shall suspend at any time the application of any such regulations when, after consultation with the Secretary of State and the United States Commissioners, he determines that foreign fishing operations in the regulatory area are such as to constitute a serious threat to the achievement of the objectives of the commission's recommendations. The regulations thus promulgated may include the selection for regulation of one or more of the species covered by the convention; the division of the convention waters into areas; the establishment of one or more open or closed seasons as to each area; the limitation of the size of the fish and quantity of the catch which may be taken from each area within any season during which fishing is allowed; the limitation or prohibition of the incidental catch of a regulated species which may be retained, taken, possessed, or landed by vessels or persons fishing for other species of fish; the requiring of such clearance certificates for vessels as may be necessary to carry out the purposes of the convention and this chapter; and such other measures incidental thereto as the Secretary of the Interior may deem necessary to implement the recommendations of the commission: Provided, That upon the promulgation of any such regulations the Secretary of the Interior shall promulgate additional regulations, with the concurrence of the Secretary of State, which shall become effective simultaneously with the application of the regulations hereinbefore referred to (1) to prohibit the entry into the United States, from any country when the vessels of such country are being used in the conduct of fishing operations in the regulatory area in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the commission, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the commission and which were taken from the regulatory area; and (2) to prohibit entry into the United States, from any country, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the commission and which were taken from the regulatory area by vessels other than those of such country in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the commission. In the case of repeated and flagrant fishing operations in the regu

latory area by the vessels of any country which seriously threaten the achievement of the objectives of the commission's recommendations, the Secretary of the Interior, with the concurrence of the Secretary of State, may, in his discretion, also prohibit the entry from such country of such other species of tuna, in any form, as may be under investigation by the commission and which were taken in the regulatory area. The aforesaid prohibitions shall continue until the Secretary of the Interior is satisfied that the condition warranting the prohibition no longer exists, except that all fish in any form of the species under regulation which were previously prohibited from entry shall continue to be prohibited from entry. (Sept. 7, 1950, ch. 907, § 6, 64 Stat. 778; Oct. 15, 1962, Pub. L. 87-814, § 2, 76 Stat. 923.)

AMENDMENTS

1962-Subsecs. (a), (b). Pub. L. 87-814 substituted "Secretary of the Interior" for "head of the enforcement agency."

Subsec. (c). Pub. L. 87-814 added subsec. (c).

§ 956. Inspection of returns, records, or other reports. Any person authorized to carry out enforcement activities under this chapter and any person authorized by the commissions shall have power without warrant or other process, to inspect, at any reasonable time, catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this chapter to be made, kept, or furnished. (Sept. 7, 1950, ch. 907, § 7, 64 Stat. 778; Oct. 15, 1962, Pub. L. 87-814, § 3, 76 Stat. 924).

AMENDMENTS

1962-Pub. L. 87-814 substituted provisions respecting inspection of returns, records, or other reports for provisions authorizing a fine not exceeding $1,000 and proceedings for injunction against fishing for or possessing the kind of fish covered by the convention for failure to make, keep, furnish, or refusal to permit inspection of returns, records, or reports or for furnishing a false return, record, or report.

§ 957. Violations; fines and forfeitures; application of related laws.

(a) It shall be unlawful for any master or other person in charge of a fishing vessel of the United States to engage in 'fishing in violation of any regulation adopted pursuant to section 955 (c) of this title or for any person knowingly to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of such regulations.

(b) It shall be unlawful for the master or any person in charge of any fishing vessel of the United States or any person on board such vessel to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this chapter to be made, kept, or furnished; or to fail to stop upon being hailed by a duly authorized official of the United States; or to refuse to permit the duly authorized officials of the United States or authorized officials of the commissions to board such vessel or inspect its catch, equipment, books, documents, records, or other articles or question the persons on board in accordance with the provisions of this chapter, or the convention, as the case may be.

(c) It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 955 (c) of this title, from any country, any fish in any form of those species subject to regulation pursuant to a recommendation of the commission, or any tuna in any form not under regulation but under investigation by the commission, during the period such fish have been denied entry in accordance with the provisions of section 955(c) of this title. In the case of any fish as described in this subsection offered for entry into the United States, the Secretary of the Interior shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 955(c) of this title.

(d) Any person violating any provisions of subsection (a) of this section shall be fined not more than $25,000, and for a subsequent violation of any provisions of said subsection (a) shall be fined not more than $50,000.

(e) Any person violating any provision of subsection (b) of this section shall be fined not more than $1,000, and for a subsequent violation of any provision of subsection (b) shall be fined not more than $5,000.

(f) Any person violating any provision of subsection (c) of this section shall be fined not more than $100,000.

(g) All fish taken or retained in violation of subsection (a) of this section, or the monetary value thereof, may be forfeited.

(h) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter. (Sept. 7, 1950, ch. 907, § 8, 64 Stat. 779; Oct. 15, 1962, Pub. L. 87-814, § 4, 76 Stat. 924.)

AMENDMENTS

1962-Pub. L. 87-814 substituted provisions respecting violations, fines, and forfeitures, and application of related laws for provisions respecting enforcement of chapter. § 958. Cooperation with other agencies.

(a) In order to provide coordination between the general annual programs of the commissions and programs of other agencies, relating to the exploration, development, and conservation of fishery resources, the Secretary of State may recommend to the United States Commissioners that they consider the relationship of the commissions' programs to those of such agencies and when necessary arrange, with the concurrence of such agencies, for mutual cooperation between the commissions and such agencies for carrying out their respective programs.

(b) All agencies of the Federal Government are authorized on request of the commissions to cooperate in the conduct of scientific and other programs, or to furnish facilities and personnel for the purpose of assisting the commissions in the performance of their duties.