Page:United States Statutes at Large Volume 90 Part 1.djvu/409

 PUBLIC LAW 94-265—APR. 13, 1976

90 STAT. 359

in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this Act; (D) seize any fish (wherever found) taken or retained in violation of any provision of this Act; and (E) seize any other evidence related to any violation of any provision of this Act; ^ (2) execute any warrant or other process issued by any court of competent jurisdiction; and (3) exercise any other lawful authority. (c) ISSUANCE OP CITATIONS.—If any officer authorized to enforce the provisions of this Act (as provided for in this section) finds that a fishing vessel is operating or has been operated in violation of any provision of this Act, such officer may, in accordance with regulations issued jointly by the Secretary and the Secretary of the department in which the Coast Guard is operating, issue a citation to the owner or operator of such vessel in lieu of proceeding under subsection (b). If a permit has been issued pursuant to this Act for such vessel, such officer shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. The Secretary shall maintain a record of all citations issued pursuant to this subsection. (d) JURISDICTION OF COURTS.—The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act. In the case of Guam, and any Commonwealth, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii. Any such court may, at any time— (1) enter restraining orders or prohibitions; ' (2) issue warrants, process in rem, or other process; (3) prescribe and accept satisfactory bonds or other security; and (4) take such other actions as are in the interest of justice. (e) DEFINITION.—For purposes of this section— (1) The term "provisions of this Act" includes (A) any regulation or permit issued pursuant to this Act, and (B) any provision of, or regulation issued pursuant to, any international fishery agreement under which foreign fishing is authorized by section 201(b) or (c), with respect to fishing subject to the exclusive fishery management authority of the Uhited States. (2) The term "violation of any provision of this Act" includes (A) the commission of any act prohibited by section 307, and (B) the violation of any regulation, permit, or agreement referred to in paragraph (1). SEC. 312. EFFECTIVE DATE OF CERTAIN PROVISIONS. Sections 307, 308, 309, 310, and 311 shall take effect March 1, 1977. 16 USC 1857 note.

TITLE IV—MISCELLANEOUS PROVISIONS SEC. 401. EFFECT ON LAW OF THE SEA TREATY.

If the United States ratifies a comprehensive treaty, which includes 16 USC 1881. provisions with respect to fishery conservation and management jurisdiction, resulting from any United Nations Conference on the Law of the Sea, the Secretary, after consultation with the Secretary of State, may promulgate any amendment to the regulations promulgated under this Act if such amendment is necessary and appropriate to

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