523 



to the Secretary, in such form and at such times 

 as he may prescribe, any other information neces- 

 sary in order to carry out the purposes and objec- 

 tives of the treaty, this chapter or the regulations, 

 which information may include data on fishing be- 

 yond the area of agreement in order to determine to 

 the extent possible the full potential of the shrimp 

 fishery. 



(c) Confidential nature of information. 



Except as otherwise provided in the treaty, infor- 

 mation obtained pursuant to this chapter shall be 

 treated as confidential commercial information pur- 

 suant to section 552 of Title 5. 



(d) Subpena power. 



The Secretary shall have the power to require by 

 subpena the production of all such logbooks, records, 

 or other information required pursuant to this sec- 

 tion. The Secretary may delegate the power to sign 

 subpenas and to receive documents. 



(e) Judicial enforcement of subpena. 



In case of contumacy or refusal to obey a subpena 

 Issued to any person, corporation, partnership, or 

 other entity, the Secretary may request the Attorney 

 General to invoke the aid of any district court of the 

 United States or the United States courts of any ter- 

 ritory or possession within the jurisdiction of which 

 said person, corporation, partnership, or other entity 

 is found, resides, or transacts business to secure com- 

 pliance. (Pub. L. 93-242, § 7. Jan. 2, 1974, 87 Stat. 

 1065.) 



§1100b-6. Prohibitions. 



(a) No vessel owner, master, or other person In 

 charge of a vessel documented under the laws of the 

 United States shall — 



( 1 ) engage in fishing in the area of agreement, 

 unless the vessel is the subject of a permit In force 

 pursuant to this chapter 



(2) transship shrimp in the area of agreement, 

 unless each vessel engaged in the transshipment 

 Is the subject of a permit in force pursuant to this 

 chapter, or is otherwise authorized to fish in the 

 area of agreement pursuant to the treaty; 



(3> assault or attempt to prevent any duly au- 

 thorized officer from boarding, searching, seizing 

 or detaining a vessel in accordance with such offi- 

 cer's duties under the treaty; 



(4) engage in fishing in the area of agreement 

 contrary to regulations establishing a procedure 

 for limiting the number of vessels allowed to bf. 

 present In the area of agreement at any one time 

 to one hundred and sixty in 1975 and one hundred 

 and twenty in 1976 or such other number as may 

 be allowed pursuant to the treaty; 



(5) engage in fishing in the area of agreement in 

 contravention of annex II, as it may be modified 

 from time to time pursuant to article II of the 

 treaty, or any regulations issued by the Secretary 

 to implement such annex; 



(6) engage in fishing in the area of agreement 

 contrary to regulations establishing a procedure 

 for limiting the number of vessels with permits 

 which may be authorized to fish during any period 

 in 1975 or 1976 as specified in section llOOb-l(a) 

 of this title. 



(b) No vessel owner, master, or other person In 

 charge of a vessel documented under the laws of the 

 United States shall — 



(1) fail or refuse to keep or provide any logbooks 

 or any other information required pursuant to 

 this chapter, or provide or furnish false logbooks 

 or other information ; 



(2) violate any other provision of the treaty, 

 this chapter, or any regulations promulgated by 

 the Secretary, the violation of which is not covered 

 by subsection (a) of this section. 



(Pub. L. 93-242, § 8, Jan. 2, 1974, 87 Stat. 1066, 

 amended Pub. L. 94-58, § 3(f) , July 24, 1975, 89 Stat. 

 267.) 



Amendments 

 1975— Subsec. (a). Pub. L. 94-58, § 3(f)(1) (A), added 

 "vessel owner" preceding "master" In opening par. 



Subsec. (a) (4)-. Pub. L. 94-58, § 3(f) (2) , added "In 1975 

 and one hundred and twenty In 1976" following "one 

 hundred and sixty". 



Subsec. (a)(6). Pub. L. 94-58, § 3(f)(1)(C), added 

 subsec. (a) (6). 



Subsec. (b). Pub. L. 94-58, § 3(f) (3), added "vessel 

 owner" preceding "master" in opening par. 



Effective Date of 1975 Amendment 

 Amendment by Pub. L. 94-58 effective upon the entry 

 Into force of the Agreement Between the Government of 

 the Federative Republic of Brazil and the Government 

 of the United States of America Concerning Shrimp, 

 signed on March 14, 1975, see section 4(b) of Pub. L. 

 94-58, set out as a note under section 1100b of this title. 



Section Referred to in Other Sections 

 This section is referred to in sections llOOb-2, 1100 

 b-7 of this title. 



§1100b-7. Penalties. 



(a) Civil penalty; maximums; minimum penalty re- 

 quirement; notice and opportunity for hearing. 



Any master or other person in charge of a vessel 

 who violates section llOOb-6 of this title, or any ves- 

 sel owner whose vessel is involved in such violation, 

 may be assessed a civil penalty by the Secretary, 

 after notice and opportunity for a hearing, of not 

 more than $10,000 for a violation of section llOOb-6 



(a) of this title and $3,000 for a violation of section 

 1100b-6(b) of this title. Except as provided in this 

 section, the minimum penalty assessed shall be not 

 less than an amount sufficient to cover the unusual 

 enforcement expenses, if any, incurred by the United 

 States pursuant to article VI of the treaty in con- 

 nection with such violation: Provided, That if the 

 person against whom the penalty has been assessed 

 has paid on behalf of the United States such un- 

 usual enforcement expenses, the minimum penalty 

 requirement shall not apply. The amount of any 

 such minimum civil penalty assessed shall be de- 

 posited directly into the Offshore Shrimp Fisheries 

 Fund. The amount of any such civil penalty over the 

 minimum penalty may be compromised by the 

 Secretary. 



(b) Notification of vessel owner. 



The Secretary shall notify any vessel owner in- 

 volved In a violation of section llOOb-6 of this title 

 of the outcome of any proceeding against the master 

 or other person in charge of the vessel under sub- 

 section (a) above. 



(c) Penalty equal to value of catch on board and value 

 of gear involved in violation. 



The Secretary, after notice and opportunity for 



