483 



and vessels), and facilities of any other Federal 

 agency, including all elements of the Department 

 of Defense, and of any State agency, in the per- 

 formance of such duties. Such Secretaries shall 

 report semiannually, to each committee of the Con- 

 gress listed in section 203(b) and to the Councils, 

 on the degree and extent of known and estimated 

 compliance with the provisions of this Act. 



(b) Powers of Authorized Officers. — Any of- 

 ficer who is authorized (by the Secretary, the Sec- 

 retary of the department in which the Coast Guard 

 is operating, or the head of any Federal or State 

 agency which has entered into an agreement with 

 such Secretaries under subsection (a)) to enforce 

 the provisions of this Act may — 



(1) with or without a warrant or other 

 process — 



(A) arrest any person, if he has reasonable 

 cause to believe that such person has com- 

 mitted an act prohibited by section 307; 



(B) board, and search or inspect, any fishing 

 vessel which is subject to the provisions of this 

 Act; 



(C) seize any fishing vessel (together with 

 its fishing gear, furniture, appurtenances, 

 stores, and cargo) used or employed in, or with 

 respect to which it reasonably appears that 

 such vessel was used or employed in, the viola- 

 tion 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 of Citations. — If any officer au- 

 thorized 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 ofBcer 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 oflBcer shall note the issuance of any citation 

 under this subsection, including the date thereof 

 and the reason therefor, on the permit. The Secre- 

 tary 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 jurisdic- 

 tion 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 Amer- 

 ican 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 in- 

 terest 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 author- 

 ized by section 201 (b) or (c), with respect to 

 fishing subject to the exclusive fishery manage- 

 ment authority of the United 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. 



TITLE IV— MISCELLANEOUS PROVISIONS 



SEC 401. EFFECT ON LAW OF THE SEA TREATY 



If the United States ratifies a comprehensive 

 treaty, which includes provisions with respect to 

 fishery conservation and management jurisdiction, 

 resulting from any United States Conference on the 

 Law of the Sea, the Secreteiry, after consultation 

 with the Secretary of State, may promulgate any 

 amendment to the regulations promulgated under 

 this Act if such amendment is necessary and ap- 

 propriate to conform such regulations to the pro- 

 visions of such treaty, in anticipation of the date 

 when such treaty shall come into force and effect 

 for, or otherwise be applicable to, the United States. 



SEC 406. authorization OF APPROPRIATIONS 



There are authorized to be appropriated to the 

 Secretary, for purposes of carrying out the provi- 

 sions of this Act, not to exceed the following sums : 



(1) $5,000,000 for the fiscal year ending 

 June 30, 1976. 



(2) $5,000,000 for the transitional fiscal quar- 

 ter ending September 30, 1976. 



(3) $25,000,000 for the fiscal year ending 

 September 30, 1977. 



1^4) $30,000,000 for the fiscal year ending 

 September 30, 1978. 



