457 



under the Convention, and regulations adopted by 

 the United States and such contracting party or 

 parties pursuant to recommendations of the Com- 

 mission. Such agreements may authorize personnel 

 of the United States to enforce measures under the 

 Convention and under regulations of another party 

 with respect to persons under that party's jurisdic- 

 tion, and may authorize personnel of another party 

 to enforce measures under the Convention and under 

 United States regulations with respect to persons 

 subject to the jurisdiction of the United States. 

 Enforcement under such an agreement may not take 

 place within the territorial seas or fisheries zone of 

 the United States. Such agreements shall not subject 

 persons or vessels under the jurisdiction of the 

 United States to prosecution or assessment of pen- 

 alties by any court or tribunal of a foreign coimtry. 

 (Pub. L. 94-70, § 5, Aug. 5, 1975, 89 Stat. 386.) 

 Section Referred to in Other Sections 



This section Is referred to In sections 971d. 971f of this 

 title. 



§971d. Administration. 



(a) Regulations; cooperation with other parties to 

 Convention; utilization of personnel, services, and 

 facilities for enforcement. 



The Secretary is authorized and directed to ad- 

 minister and enforce all of the provisions of the Con- 

 vention, this chapter, and regulations issued 

 pursuant thereto, except to the extent otherwise pro- 

 vided for in this chapter. In carrying out such func- 

 tions the Secretary is authorized and directed to 

 adopt such regulations as may be necessary to carry 

 out the purposes and objectives of the Convention 

 and this chapter, and with the concurrence of the 

 Secretary cf State, he may cooperate with the duly 

 authorized officials of the government of any party to 

 the Convention. In addition, the Secretary may 

 utilize, with the concurrence of the Secretary of the 

 department in which the Coast Guard Is operating 

 insofar as such utilization involves enforcement at 

 sea, with or without reimbursement and by agree- 

 ment with any other Federal department or agency, 

 or with any agency of any State, the personnel, serv- 

 ices, and facilities of that agency for enforcement 

 purposes with respect to any vessel in the fisheries 

 zone, or wherever found, with respect to any vessel 

 documented under the laws of the United States, 

 and any vessel numbered or otherwise licensed un- 

 der the laws of any State. When so utilized, such 

 personnel of the States of the United States are au- 

 thorized to function as Federal law enforcement 

 agents for these purposes, but they shall not be held 

 and considered as employees of the United States for 

 the purposes of any laws administered by the Civil 

 Service Commission. 



(b) Primary enforcement responsibility. 



Enforcement activities at sea under the provisions 

 of this chapter for fishing vessels subject to the juris- 

 diction of the United States shall be primarily the 

 responsibility of the Secretary of the department in 

 which the Coast Guard is operating, in cooperation 

 with the Secretary and the United States Customs 

 Service. The Secretary after consultation with the 

 Secretary of the department in which the Coast 

 Guard Is operating, shall adopt such regulations as 



may be necessary to provide for procedures and 

 methods of enforcement pursuant to article IX of the 

 Convention. 



(c) Regulations to carry out Commission recommen- 

 dations. 



(1) Upon favorable action by the Secretary of 

 State under section 971c(a) of this title on any rec- 

 ommendation of the Commission made pursuant to 

 article VIII of the Convention, the Secretary shall 

 promulgate, pursuant to this subsection, such regu- 

 lations as may be necessary and appropriate to carry 

 out such recommendation. 



(2) To promulgate regulations referred to In para- 

 graph ( 1) of this subsection, the Secretary shall pub- 

 lish in the Federal Register a general notice of pro- 

 posed rulemaking and shall afford Interested persons 

 an opportunity to participate in the rulemaking 

 through (A) submission of written data, views, or 

 arguments, and (B) oral presentation at a public 

 hearing. Such regulations shall be published In the 

 Federal Register and shall be accompanied by a 

 statement of the considerations involved in the Issu- 

 ance of the regulations, and by a statement, btised 

 on inquiries and investigations, assessing the nature 

 and effectiveness of the measures for the implemen- 

 tation of the Commission's recommendations which 

 are being or will be carried out by countries whose 

 vessels engage in fishing the species subject to such 

 recommendations within the waters to which the 

 Convention applies. After publication in the Federal 

 Register, such regulations shall be applicable to all 

 vessels and persons subject to the jursldlctlon of the 

 United States on such date as the Secretary shall 

 prescribe. The Secretary shall suspend at any time 

 the application of any such regulation when, after 

 consultation with the Secretary of State and the 

 United States Commissioners, he determines that 

 fishing operations in the Convention area of a con- 

 tracting party for whom the regulations are effec- 

 tive are such as to constitute a serious threat to the 

 achievement of the Commission's recommendations. 



(3) The regulations required to be promulgated 

 under paragraph (1 1 of this subsection may — 



(A) select for regulation one or more of the 

 species covered by the Convention; 



(B) divide the Convention waters into areas; 



(C) establish one or more open or closed sea- 

 sons as to each such area; 



(D) limit the size of the fish and quantity of 

 the catch which may be taken from each area 

 within any season during which fishing is allowed: 



(E) limit or prohibit the incidental catch of a 

 regulated species which may be retained, taken, 

 possessed, or landed by vessels or persons fishing 

 for other species of fish ; 



(F) require records of operations to be kept by 

 any master or other person In charge of any fish- 

 ing vessel; 



(G) require such clearance certificates for ves- 

 sels as may be necessary to carry out the purposes 

 of the Convention and this chapter; 



(H) require proof satisfactory to the Secretary 

 that any fish subject to regulation pursuant to a 

 recommendation of the Commission offered for 

 entry into the United States has not been taken or 

 retained contrary to the recommendations of the 



