Page:United States Statutes at Large Volume 85.djvu/342

 312

Unlawful acts. 64 Stat. 1069. 16 USC 988.

Penalties. 16 USC 989.

Supra.

Transfer of funC' tions. 16 USC 986,

16 USC 990.

PUBLIC LAW 92-87-AUG. 11, 1971

[85 STAT.

"(e) Any duly authorized enforcement officer or employee of the Department of Commerce may be designated by the Secretary of Commerce and any Coast Guard officer may be designated by the Secretary of the Department in which the Coast Guard is operating to enforce international measures of control on behalf of the United States with regard to persons or vessels of any other party to the convention to which the measure is applicable, in any portion of the convention area except such portions in which any other government exercises the same exclusive rights in respect to fisheries as it has in its territorial sea unless such enforcement is authorized by the international measures of control or by agreement with the government concerned. "(f) Any person designated to enforce international measures of control pursuant to subsection (e) of this section may be directed to attend as witness and to produce such available records and files or duly certified copies thereof as may be necessary to the prosecution in any country party to the convention of any violation of the provisions of the convention or any law or regulation of that country for the enforcement thereof when requested by the appropriate authorities of such country.". SEC. 108. Section 9 of the Act is amended by adding at the end thereof the following: "(c) I t shall be unlawful for the master or owner or any person in charge of any vessel subject to the jurisdiction of the United States to refuse to permit any person authorized to enforce the provisions of this Act and any regulations adopted pursuant thereto, including in the convention area the duly authorized officials of any party to the convention authorized to undertake international measures of control, to board such vessel or inspect its equipment, books, documents, or other articles or question the persons on board in accordance with the provisions of the convention, this Act, regulations adopted pursuant thereto, international measures of control, and national measures of control, or to obstruct such officials in the execution of such duties.". SEC. 109. (a) Section 10 of the Act is amended— (1) by inserting " (a) " immediately after "SEC. 10."; (2) by striking out "any provision" and inserting in lieu thereof "subsection (a) or (b) of section 9"; (3) by inserting "by the Secretary of Commerce" immediately after "adopted"; and (4) by adding at the end thereof the following: "(b) Any person violating subsection (c) of section 9 of this Act or any regulation adopted pursuant to this Act, upon conviction, shall be fined for a first offense not more than $1,000 and be imprisoned for not more than six months, or both, and for a subsequent offense committed within five years not more than $10,000 and be imprisoned for not more than one year, or both.". SEC. 110. (a) In subsection (a) of section 7 of the Act strike out "The Secretary of the Interior is authorized and directed to administer and enforce, through the Fish and Wildlife Service," and insert in lieu thereof "The Secretary of Commerce is authorized and directed to administer and enforce". (b) I n subsection (c) of section 7 of the Act strike out "Secretary of the Interior" each place it appears and insert in lieu thereof at each such place "Secretary of Commerce". (c) In the first sentence in subsection (a) of section 11 of the-Act strike out "Fish and Wildlife Service of the Department of the Interior" and insert in lieu thereof "Department of Commerce".

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