509 



Commission. (Aug. 12, 1954, ch. 669, § 7, 68 Stat. 

 699.) 



Section 7 of act Aug. 12. 1954. ch. 669, 68 Stat. 699, re- 

 numbered section 8 by Pub. L. 92-471, title I. § 101, 

 Oct. 9, 1972, 86 Stat. 784 



§ 1027. Enforcement. 



(a) Responsibility of Secretary of the Department in 

 which the Coast Guard is operating; regulations 

 for procedures and methods of enforcement. 



Enforcement activities under the provisions of this 

 chapter relating to vessels engaged in fishing and 

 subject to the jurisdiction of the United States 

 shall be primarily the responsibility of the Secre- 

 tary of the Department in which the Coast Guard 

 is operating, in cooperation with the Secretary of 

 Commerce. The Secretary of the Department in 

 which the Coast Guard is operating, with the con- 

 currence of the Secretary of Commerce and the 

 Secretary of State, is authorized to adopt such regu- 

 lations as may be necessary to provide for proce- 

 dures and methods of enforcement pursuant to 

 articles 9 and 10 of the Convention. 



(b) .Abstention from fishing in certain areas. 



The provisions of the Convention and this chap- 

 ter relating to abstention from fishing in certain 

 areas by the nationals and vessels of one or more of 

 the contracting parties shall be enforced by the Sec- 

 retary of the Department in which the Coast Guard 

 is operating, in cooperation with the Secretary of 

 Commerce and the Secretary of the Treasury. 



(c) Boarding and inspecting vessels of Canada or 

 Japan. 



For such purposes any Coast Guard officer, any 

 officer of the Department of Commerce, or any 

 other person authorized to enforce the provisions of 

 the Convention and this chapter referred to in sub- 

 section (b) of this section may go on board any 

 fishing vessel of Canada or Japan found in waters 

 in which Canada or Japan has agreed by or under 

 the Convention to abstain from exploitation of one 

 or more stocks of fish, and, when he has reasonable 

 cause to believe that such vessel is engaging in oper- 

 ations in violation of the provisions of the Conven- 

 tion, may, without warrant or other process, inspect 

 the equipment, books, documents, and other articles 

 on such vessel and question the persons on board, 

 and for these purposes may hail and stop such vessel, 

 and use all necessary force to compel compliance. 



(d) Detention and delivery of vessels suspected of 

 violation. 



Whenever any such officer has reasonable cause 

 to believe that any person on any fishing vessel of 

 Canada or Japan is violating, or immediately prior 

 to the boarding of such vessel was violating, the 

 provisions of the Convention referred to in subsec- 

 tion (b) of this section, such person, and any such 

 vessel employed in such violation shall be detained 

 and shall be delivered as promptly as practicable 

 to an authorized official of the nation to which they 

 belong in accordance with the provisions of the 

 Convention. 



(e) Enforcement officers as witnesses. 



Any officer of the Coast Guard, any officer of the 

 Department of Commerce, or any other person au- 



thorized to enforce the provisions of the Convention 

 and this chapter referred to in subsection <b) of 

 this section, may be directed to attend as witnesses 

 and to produce such available records and files or 

 duly certified copies thereof as may be necessary to 

 the prosecution in Canada or Japan of any violation 

 of the provisions of the Convention or any Canadian 

 or Japanese law for the enforcement thereof when 

 requested by the appropriate authorities of Canada 

 or Japan respectively. 



(f) Designation of enforcement officers. 



The Secretary of Commerce may designate officers 

 of the States and Territories of the United States to 

 enforce the provisions of the Convention and this 

 chapter insofar as they pertain to fishing vessels of 

 the United States and the persons on board such 

 vessels. (Aug. 12, 1954. ch. 669, S 9, formerly 5 8, 68 

 Stat. 699, renumbered and amended Oct. 9, 1972, 

 Pub. L. 92-471. title I. SS 102. 103, 107, 86 Stat. 784. 

 786.1 



Amendments 



1972— Subsec. (a). Pub. L. 92^71, §102(4), added 

 subsec. (a). Former subsec. (a) redesignated (b). 



Subsec. (b). Pub. L. 92-471. §§ 102(2), 107(a). redesig- 

 nated former subsec. (a) as subsec. (b) . and In subsec. (b) 

 as so redesignated, substituted provisions vesting en- 

 forcement authority in the Secretary of the Department 

 in which the Coast Guard is operating, in cooperation 

 with the Secretary of Commerce and the Secretary of the 

 Treasury, for provisions vesting such authority In the 

 Coast Guard In cooperation with the Fish and Wildlife 

 Service and the Bureau of Customs. Former subsec. (b) 

 redesignated (c) . 



Subsec. (c). Pub. L. 92-471. § I 102(2), (3) , 107(b) . redes- 

 ignated former subsec. (b) as subsec. (c). and in subsec. 

 (c) as so redesignated, substituted "subsection (b)" for 

 "subsection (a) " and "Department of Commerce" for "Fish 

 and Wildlife Service". Former subsec. (c) redesignated 

 (d). 



Subsec. (d). Pub. L. 92-471, §§102(2), (3), redesig- 

 nated former subsec. (c) as subsec. (d) , and In subsec. (d) 

 as so redesignated, substituted "subsection (b)" for "sub- 

 section (a) ". Former subsec. (d) redesignated (e). 



Subsec. (e). Pub. L, 92-471, §§ 102(2), (3). 107(b), re- 

 designated former subsec. (d) as subsec. (e), and in 

 subsec. (e) as so redesignated, substituted "subsection 

 (b) " for "subsection (a)" and "Department of Commerce" 

 for "Fish and Wildlife Service". 



Subsec. (f). Pub. L. 92-171. §§ 103. 107(c), designated 

 former section 9 of the North Pacific Fisheries Act of 

 1954. which was classified to section 1028 of this title, as 

 subsec (f), and in subsec. (f) as so redesignated, substi- 

 tuted "Secretary of Commerce" for "Secretary of the 

 Interior". 



§ 1028. Designation of enforcement officers. 



The Secretary of the Interior may designate offi- 

 cers of the States and Territories of the United 

 States to enforce the provisions of the Convention 

 and this chapter insofar as they pertain to fishing 

 vessels of the United States and the persons on 

 board such vessels. (Aug. 12, 1954, ch. 669, § 9. 68 

 Stat. 699.) 



§1029. Unlawful activities. 



(a) Fishing and related transactions in violation of 

 regulations and court orders. 



It shall be unlawful for any person subject to the 

 jurisdiction of the United States to engage in fishing 

 in violation of any regulation adopted pursuant to 

 this chapter or of any order of a court issued pur- 



