Page:United States Statutes at Large Volume 86.djvu/1369

 86 STAT. ]

PUBLIC LAW 92-601-OCT. 27, 1972

1327

Public Law 92-601 AN ACT To prohibit the use of certain small vessels in United States fisheries.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, during the five-year period beginning on the date of the enactment of this Act, it shall be unlawful for any person on board any prohibited vessel— (1) to transfer at sea or cause to be transferred at sea any prohibited fish; or (2) to land or cause to be landed any prohibited fish in any port of the United States. SEC. 2. (a) Any person who knowingly— (1) violates the first section of this Act; (2) takes, sells, transfers, purchases, or receives any prohibited fish which are transferred or landed in violation of the first section of this Act; or (3) violates any regulation issued pursuant to section 4 of this Act; shall be liable to a civil penalty of not more than $1,000, in addition to any other penalty provided by law. Each separate unlawful transfer or landing of prohibited fish shall constitute a separate violation of the first section of this Act. (b) Any prohibited fish transferred or landed in violation of the first section of this Act, or the monetary value thereof, shall be subject to forfeiture. SEC. 3. (a) The judges of the United States district courts and the United States magistrates may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and the regulations issued pursuant thereto. (b) Enforcement of this Act and the regulations issued pursuant thereto shall be the joint responsibility of the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating. (c) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act and the regulations issued pursuant thereto. (d) Such person so authorized shall have the power, with or without a warrant or other process, to search any vessel subject to the jurisdiction of the United States. (e) Such person so authorized may seize, whenever and wherever lawfully found, all prohibited fish transferred, landed, taken, sold, purchased, or received in violation of the provisions of this Act or the regulations issued pursuant thereto. Any prohibited fish so seized may be disposed of pursuant to the order of a court of competent jurisdiction, pursuant to the provisions of subsection (f) of this section or, if perishable, in a manner prescribed by regulations of the Secretary concerned. (f) Notwithstanding the provisions of section 2464 of title 28, United States Code, when a warrant of arrest or other process in rem is issued in any cause under this section, the marshal or other officer shall stay the execution of such process, or discharge any prohibited fish seized if the process has been levied, on receiving from the claimant of the prohibited fish a bond or stipulation for the value of the property with

October 27, 1972 [S. 3358]

U.S. fisheries. Prohibited v e s s e l s and fish.

Violations and penalty.

Enforcement.

V e s s e l search.

Seizure.

Bond. 62 Stat. 974.

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