Page:United States Statutes at Large Volume 87.djvu/1098

 1066

PUBLIC LAW 93-242-JAN. 2, 1974

[87 STAT.

24 usT 923.

^^^ Except RS otherwise provided in the treaty, information obtained pursuant to this Act shall be treated as conj&dential commercial information pursuant to section 552 of title 5, United States

80 Stat. 383;

Codc.

subpena author(d) The Secretary shall have the power to recjuire by subpena the ity. production of all such logbooks, records, or other mformation required ' pursuant to this section. The Secretary may delegate the power to sign subpenas and to receive documents. Jurisdiction. (g) l u cRse of coiitumacy or refusal to obey a subpena issued to any person, corporation, partnership, or other entity, the Secretary may request the Attorney General to invoke the aid of any district court of the United States or the United States courts of any territory or possession within the jurisdiction of which said person, corporation, partnership, or other entity is found, resides, or transacts business to secure compliance. PROHIBITIONS

SEC. 8. (a) Xo master or other person in charge of a vessel documented under the laws of the United States shall— (1) engage in fishing in the area of agreement, unless the v.essel is the subject of a permit in force pursuant to this Act; (2) transship shrimp in the area of agreement, unless each vessel engaged in the transshipment is the subject of a permit in force pursuant to this Act, or is otherwise authorized to fish in the area of agreement pursuant to the ti-eaty; (3) assault or attempt to prevent any duly authorized officer from boarding. searching, seizing or detaining a vessel in accordance with such officer's duties under the treaty; (4) engage in fisliing in the area of agreement contrary to regulations establishing a procedure for limiting the number of vessels allowed to be present in the area of agreement at any one time to one hundred and sixty or such other number as may be allowed pursuant to the treaty; (5) engage in fishing in the area of agreement in contravention of annex II, as it may be modified from time to time pursuant to article II of the treaty, or any regulations issued by the Secretary to implement such annex. (b) Xo master or other peison in charge of a vessel documented under the laws of the United States shall— (1) fail or refuse to keep or provide any logbooks or any other information required pursuant to this Act, or provide or furnish false logbooks or other information; (2) violate any other provision of the treaty, this Act, or any regulations promulgated by the Secretary, the violation of which is not covered by subsection (a). PENALTIES

SEC. 9. (a) Any master or other person in charge of a vessel who violates section 8 hereof may be assessed a civil penalty by the Secretary, after notice and opportunity for a hearing, of not more than $10,000 for a violation of section 8(a) and $3,000 for a violation of section 8(b). Except as provided in this section, the minimum penalty assessed shall be not less than an amount sufficient to cover the unusual enforcement expenses, if any, incurred by the United States pursuant to article VI of the treaty in connection with such violation: Provided, That if the person against whom the penalty has been assessed has paid on behalf of the United States such unusual enforcement expenses,

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