Page:United States Statutes at Large Volume 100 Part 5.djvu/257

 PUBLIC LAW 99-659—NOV. 14, 1986

100 STAT. 3731

and by simultaneously sending a copy of such notice by certified mail to the Secretary. (B) The Secretary shall promptly file in the court a certified copy of the record upon which such violation was found. (C) The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence or not in accordance with law. (3)(A) If any person fails to pay a civil penalty under this subsection after it has become final, the Secretary shall refer the matter to the Attorney General. (B) The Attorney General shall institute appropriate action to recover the amount assessed under this subsection in a district court of the United States. (C) If, within sixty days after such referral, the Attorney General fails to institute such appropriate action, the council to whose programs the assessment, order or regulation relates may institute an action in its own name. SEC. 218. INVESTIGATIONS.

16 USC 4017.

(a) AUTHORITY TO MAKE INVESTIGATIONS.—The Secretary may

make such investigations as the Secretary determines necessary to— (1) carry out the Secretary's responsibilities under this title; and (2) determine whether any person has engaged in any act or practice which constitutes a violation of the provisions of this title. (b) OATHS AND AFFIRMATIONS.—For the purpose of investigations

under subsection (a) of this section, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. The attendance of such witnesses and the production of any such records may be required from any place in the United States. (c) COURT ORDERS.—In case of contumacy or refusal to obey a subpoena issued under this section by any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or has his business, to require the attendance and testimony of witnesses and the production of books, papfers, and documents. Such court may issue an order requiring such person to appear before the Secretary to produce records or to give testimony relating to the matter under investigation. SEC. 219. REPORT.

The Secretary shall, not later than March 1, 1989, submit to the Congress a report on the effectiveness of the implementation of this title in achieving the purposes of this title.

TITLE III—INTERJURISDICTIONAL FISHERIES SEC. 301. SHORT TITLE.

This title may be cited as the "Interjurisdictional Fisheries Act of 1986".

16 USC 4001 note.

Interjurisdictional Fisheries Act of 1986. 16 USC 4101 note.

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