provisions of the convention and this Act and the regulations of the Commission, except to the extent otherwise provided for in the convention and this Act. It shall be the duty of the Federal agency so designated to take appropriate measures for enforcement at such times and to such extent as it may deem necessary to insure effective enforcement and for this purpose to cooperate with other Federal agencies, State officers, the Commission, and with the authorized officers of the Dominion of Canada.

(b) The Federal agency designated by the President for enforcement purposes may authorize officers and employees of the State of Washington to enforce the provisions of the convention and of this Act and the regulations of the Commission. When so authorized such officers may function as Federal law-enforcement officers for the purposes of this Act.

(c) Enforcement of the convention and this Act and the regulations of the Commission shall be subject to and in accordance with the provisions of article IX of the convention.

(d) Any duly authorized officer or employee of the Federal agency designated by the President for enforcement purposes under the provisions of subsection (a) of this section 6; any officer or employee of the State of Washington who is authorized by the Federal agency so designated by the President; any enforcement officer of the Fish and Wildlife Service of the Department of the Interior, any Coast Guard officer, any United States marshal or deputy United States marshal, any collector or deputy collector of customs, and any other person authorized to enforce the provisions of the convention, this Act, and the regulations of the commission, shall have power, without warrant or other process, but subject to the provisions of the convention, to arrest any person committing in his presence or view a violation of the convention or of this Act or of the regulations of the Commission and to take such person immediately for examination before an officer or trail before a court of competent jurisdiction; and shall have power, without warrant or other process, to search any vessel within convention waters when he has reasonable cause to believe that such vessel is subject to seizure under the provisions of the convention or this Act, or the regulations of the Commission, and to search any place of business or any commercial vehicle when he has reasonable cause to believe that such place or vehicle contains fish taken, possessed, transported, purchased, or sold in violation of any of the provisions of the convention, this Act, or the regulations of the Commission. Any person authorized to enforce the provisions of the convention and of this Act and the regulations of the Commission shall have power to execute any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of this Act, and shall have power with a search warrant to search any person, vessel, or place, at any time. The judges of the United States courts and the United States commis

(Continued)

or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, 1, 2, eff. July 31, 1950, 15 F.R. 4395 64 Stat. 1280, set out in the Appendix to Title 5. The Coast Guard, referred to in this section, was generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereor, when the Coast Guard was operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

The President by Ex. Ord. No. 9892, Sept. 22, 1947, 12 F.R. 6345, designated the Fish and Wildlife Service as the Federal Agency responsible for the enforcement of this Act.

sioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. Subject to a violation of the convention or of this Act or of the regulations of the Commission and to take such person immediately for examination before an officer or trial before a court of competent jurisdiction; and shall have power, without warrant or other process, to search any vessel within convention waters when he has reasonable cause to believe that such vessel is subject to seizure under the provisions of the convention or this Act, or the regulations of the Commission, and to search any place of business or any commercial vehicle when he has reasonable cause to believe that such place or vehicle contains fish taken, possessed, transported, purchased, or sold in violation of any of the provisions of the convention, this Act or the regulations of the Commission. Any person authorized to enforce the provisions of the convention and of this Act and the regulations of the Commission shall have power to execute any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of this Act, and shall have power with a search warrant to search any person, vessel, or place, at any time. The judges of the United States courts and the United States commissioners may, within their respective jurisdicissue tions, upon proper oath or affirmation showing probable cause, warrants in all such cases. Subject to the provisions of the convention, any person authorized to enforce the convention and this Act and the regulations of the Commission may seize, whenever and wherever lawfully found, all fish caught, shipped, transported, purchased, sold, offered for sale, imported, exported or possessed contrary to the provisions of the convention or this Act or the regulations of the Commission and may seize any vessel together with its tackle, apparel, furniture, appurtenances and cargo, and all fishing gear, used or employed contrary to the provisions of the convention or this Act or the regulations of the Commission, or which it reasonably appears has been used or employed contrary to the provisions of the convention or this Act or the regulations of the Commission.

(e) Evidence of any regulation made by the Commission may be given in any court proceedings by the production of a copy of such regulation certified by the Secretary of the Commission to be a true copy and no proof of the signature of the Secretary on such certification shall be required.

(f) Any authorized representative of the Commission, or any peron authorized to enforce this Act and the regulations of the Commission may inspect any licenses issued to persons or vessels engaging in fishing for sockeye salmon or pink salmon in convention waters and for this purpose may at any reasonable time board any vessel or enter upon any premises where such fishing is or may be conducted.

SEC. 7. (a) All agencies of the Federal Government are authorized, upon request by the Commission, to furnish facilities and personnel for the purpose of assisting the Commission in carrying out it duties of scientific investigation and improvement of the fisheries, as specified in the convention.

(b) None of the prohibitions contained in this Act, or in the laws and regulations of the States, shall prevent the Commission from con

'Public Law 85-102 inserted the words "or pink salmon".

Public Law 85-102 substituted the word "sheries" for "fishery".

ducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation, or shall prevent the Commission from discharging any other duties prescribed by the convention.

SEC. 8 (a) There is authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums, from time to time, as may be necessary to enable the Commission and agencies of the Federal Government to carry out the provisions of the convention and of this Act, including purchase, operation, maintenance, and repair of aircraft, motor vehicles (including passengercarrying vehicles), boats, research vessels, and other necessary facilities; and printing.

(b) In addition to the amount authorized in subsection (a) of this section, there is authorized to be appropriated the sum of $7,000,000 for the share of the United States of costs and expenses incident to the development and construction of salmon enhancement facilities pursuant to the program for the restoration and extension of the sockeye and pink salmon stocks of the Fraser River system as approved by the Commission, to remain available until expended.

SEC. 9. If any provision of this Act is held invalid for any cause, such invalidity shall not affect the other provisions hereof.

SEC. 10. This Act shall be effective thirty days from the date of its approval.

• Public Law 92-504 (86 Stat. 907) added subsection (b).

7. Fishermen's Protective Act of 1967, as amended 1

Public Law 83-680 [H.R. 9584], 68 Stat. 883, approved August 27, 1954, as amended by Public Law 90-482 [S. 2261], 82 Stat. 729, approved August 12, 1968; Public Law 92-219 [H.R. 3304], 85 Stat. 286, approved December 23, 1971; Public Law 92-569 [H.R. 7117], 86 Stat. 182, approved October 26, 1972; Public Law 92-594 [S. 3545], 86 Stat. 1313, approved October 27, 1972; Public Law 94-265 [H.R. 200], 90 Stat. 331 at 360, approved April 13, 1976: Public Law 94-273 [S. 2445], 90 Stat. 375 at 377, approved April 21, 1976; Public Law 95–194 [S. 1184], 91 Stat. 1413, approved November 18, 1977; Public Law 95-376 [H.R. 10878], 92 Stat. 714, approved September 18, 1978; and by Public Law 95-541 [H.R. 7749], 92 Stat. 2048, approved October 28, 1978

AN ACT To protect the rights of vessels of the United States on the high seas and in territorial waters of foreign countries.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That for the purposes of this Act the term "vessel of the United States" shall mean any private vessel documented or certificated under the laws of the United States. Notwithstanding any other law, the documentation or certification of any such vessel shall not be considered to be affected, for the purposes of this Act, in any manner or to any extent if at any time during any voyage for the purpose of fishing beyond the fishery conservation zone (as defined in section 3 (8) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1802 (8)), the vessel is commanded by other than a citizen of the United States.2

SEC. 2.3 If

(1) any vessel of the United States is seized by a foreign country on the basis of claims in territorial waters or the high seas which are not recognized by the United States; or

(2) any general claim of any foreign country to exclusive fishery management authority is recognized by the United States, and any vessel of the United States is seized by such foreign country on the basis of conditions and restrictions under such claim, if such conditions and restrictions

(A) are unrelated to fishery conservation and management, (B) fail to consider and take into account traditional fishing practices of vessels of the United States,

(C) are greater or more onerous than the conditions and restrictions which the United States applies to foreign fish

122 U.S.C. 1971-80. Public Law 90-482 amended the Act of August 27, 1954 and provided that this Act may be cited as the Fisherman's Protective Act of 1967.

2 This sentence was added by Sec. 14 of Public Law 95-541 (92 Stat. 2057).

Sec. 403 (a) of the Fishery Conservation and Management Act of 1976 (Public Law 94-265) amended and restated Sec. 2. The amendments made by Sec. 403 (a) became effective on March 1, 1977. Sec. 2 formerly read as follows:

"SEC. 2. In any case where

(a) a vessel of the United States is seized by a foreign country on the basis of rights or claims in territorial waters or the high seas which are not recognized by the United States; and

(b) there is no dispute of material facts with respect to the location or activity of such vessel at the time of such seizure,

the Secretary of State shall as soon as practicable take such action as he deems appropriate to attend to the welfare of such vessel and its crew while it is held by such country to secure the release of such vessel and crew, and to immediately ascertain the amount of any fine, fee, or other direct charge which may be reimbursable under section 3(a)."

ing vessels subject to the exclusive fishery management authority of the United States (as established in title I of the Fishery Conservation and Management Act of 1976), or

(D) fail to allow fishing vessels of the United States equitable access to fish subject to such country's exclusive fishery management authority;

and there is no dispute as to the material facts with respect to the location or activity of such vessel at the time of such seizure, the Secretary of State shall immediately take such steps as are

necessary

(i) for the protection of such vessel and for the health and welfare of its crew;

(ii) to secure the release of such vessel and its crew; and (iii) to determine the amount of any fine, license, fee, registration fee, or other direct charge reimbursable under section 3 (a) of this Act.

SEC. 3. (a) In any case where a vessel of the United States is seized by a foreign country under the conditions of section 2 and a fine, license fee, registration fee, or any other direct charge must be paid in order to secure the prompt release of the vessel and crew, the owners of the vessel shall be reimbursed by the Secretary of the Treasury in the amount certified to him by the Secretary of State as being the amount of the fine, license fee, registration fee, or any other direct charge actually paid. For purposes of this section, the term 'other direct charge' means any levy, however characterized or computed (including, but not limited to, any computation based on the value of a vessel or the value of fish or other property on board a vessel), which is imposed in addition to any fine, license fee, or registration fee. Any reimbursement under this section shall be made from the Fishermen's Protective Fund established pursuant to section 9.

(b) The Secretary of State shall make a certification under subsection (a) of this section as soon as possible after he is notified pursuant to section 2(b) of the amounts of the fines, fees, and other direct charges which were paid by the owners to secure the release of their vessel and crew. The amount of reimbursement made by the Secretary of the Treasury to the owners of any vessel under subsection (a) of this section shall constitute a lien on the vessel which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which the vessel may be. Any such lien shall terminate on the ninetieth day after the date on which the Secretary of Treasury reimburses the owners under this section unless before such ninetieth day the United States initiates action to enforce the lien.

SEC. 4. The provisions of this Act shall not apply with respect to a seizure made by a country at war with the United States or a seizure made in accordance with the provisions of any fishery convention or treaty to which the United States is a party.

Public Law 90-482 amended section 3 by adding the words "license fee, registration fee, or any other direct charge." Public Law 92-569 made former section 3 subsection (a). added the last sentence, and added a new subsection (b).

5 The words to this point beginning with "For purposes of this section," were added by Sec. 403 (a) (2) of the Fishery Conservation and Management Act of 1976 (Public Law 94-265). This amendment shall apply to seizures of vessels of the United States occurring on or after December 31, 1974.