524 



hearing, may assess against a vessel owner a civil 

 penalty equal to the value of the catch on board the 

 vessel when detained and the value of the gear in- 

 volved in a violation of section llOOb-6 of this title. 

 The amount of any such penalty shall be deposited 

 as miscellaneous receipts into the general fund of 

 the Treasury. 



(d) Failure to pay penalty; court action. 



Upon failure of the party penalized as provided In 

 this section to pay the penalty within thirty days of 

 the assessment thereof, the Secretary may request 

 the Attorney General to commence action in the 

 Federal district court having jurisdiction over the 

 party for such relief as may be appropriate. In any 

 such action for relief, the Secretary's penalty as- 

 sessment shall be final and unreviewable unless the 

 penalized party has otherwise sought judicial review 

 thereof. 



(e) Personal appearance at hearing. 



In any hearing held by the Secretary in connection 

 with the assessment of a civil penalty hereunder, the 

 vessel owner, the master or any other person against 

 whom a penalty may be assessed may appear in 

 person or by counsel at such hearing or in lieu of a 

 personal appearance may submit such afBdavlts or 

 depositions as he deems necessary to the defense of 

 any charges which may be considered by the Secre- 

 tary at such hearing. (Pub. L. 93-242, i 9, Jan. 2, 

 1974, 87 Stat. 1066, amended Pub. L. 94-58, § 3(g), 

 July 24, 1975, 89 Stat. 267.) 



Amendments 



1975— Subsec. (a). Pub. L. 94-58, § 3(g)(1). added "or 

 any vessel owner whose vessel Is involved In such viola- 

 tion" following "who violates section llOOb-6 of this 

 title". 



Subsec. (b). Pub. L. 94-58, § 3(g) (2), added "against 

 the master or other person in charge of the vessel" fol- 

 lowing "any proceeding". 



Subsec. (c). Pub. L. 94-58, § 3(g) (3), substituted pro- 

 visions making the vessel owner subject to a civil penalty 

 for violation of any provision of section llOOb^ for pro- 

 visions imposing such penalty only In the case of viola- 

 tion of section 1100b-6(a) (1), or Involved In a second 

 or subsequent violation of any other provision of 1100b- 

 6(a) by a person against whom a penalty had previously 

 been assessed under subsec. (a) of this section for a vio- 

 lation involving the operation of a vessel owned by the 

 same person as the vessel Involved in such second or 

 subsequent violation. 



§1100b-8. Enforcement. 



(a) This chapter shall be enforced jointly by the 



Secretary, the Secretary of the department in which 

 the Coast Guard is operating, and the Secretary of 

 the Treasury. 



(b) Any duly authorized law enforcement ofiBcer 

 of the Government of Brazil who is exercising re- 

 sponsibility under article V of the treaty shall be 

 Impowered to act on behalf of the United States to 

 enforce the provisions of the treaty in the area of 

 agreement as follows: Any such officer may board 

 and search any vessel which he has reasonable cause 

 to believe has violated any provisions of the treaty. 

 If after boarding and searching such vessel the officer 

 continues to have reasonable cause to believe that a 

 violation has been committed, he may seize and de- 

 tain the vessel for the sole purpose of delivering it, 

 as soon as practicable, to an agent of the United 

 States Government at the nearest port to the place 

 of seizure or any other place which is mutually 

 agreed ur>on by the Government of Brazil and the 

 Secretary of State. (Pub. L. 93-242, § 10, Jan. 2, 1974, 

 87 Stat. 1067.) 



§1100b-9. Regulations. 



In addition to any specific authority contained in 

 this chapter, the Secretary is authorized to issue all 

 regulations necessary to carry out the purposes and 

 objectives of the treaty and this chapter. Prior to 

 the issuance of any regulations dealing with the 

 marking of vessels of with the use or radiotelephone 

 frequencies, the Secretary shall consult with the 

 Secretary of the department in which the Coast 

 Guard is operating. (Pub. L. 93-242, § 11, Jan. 2, 

 1974. 87 Stat. 1067.) 



§ llOOb-IO. Authorization of appropriations. 



(a) There is hereby authorized to be appropriated 

 such amounts as are necessary for enforcement ex- 

 penses pursuant to article VI of the treaty, to be 

 deposited in the Offshore Shrimp Fisheries Fund. 



(b) There is also hereby authorized to be appro- 

 priated such amounts as are necessary for domestic 

 enforcement expenses and the expenses of admin- 

 istering the provisions of the treaty, this chapter, 

 and the regulations, to be available until expended, 

 when so provided in appropriation acts. So much of 

 the permit fees as are identified for administrative 

 costs shall be deposited as miscellaneous receipts to 

 the general fund of the Treasury. (Pub. L. 93-242, 

 § 12, Jan. 2, 1974, 87 Stat. 1068.) 



31. Preservation of Fishery Resources 

 16 U.S.C. 755-7601 



Sec. 



765. Salmon-cultural stations; establishment; expendi- 

 ture of funds. 



765. Investigations, surveys and experiments; construc- 

 tion and Installation of conservation devices, etc. 



787. Utilization of State services; expenditure of funds. 



767b. Anadromous and Great Lalces fisheries. 



(a) Conservation, development, and enhance- 



ment; cooperative agreements with 

 States and other non-Federal Interests; 

 terms and conditions; Federal and non- 

 Federal costs. 



(b) Operation, management, and administra- 



tion of property. 



(c) Increase of Federal share. 



767b. Same; investigations, surveys, and research: stream 

 clearance activities; conservation devices and 

 structures; fish hatcheries; studies, recommen- 

 dations, and reports to States. Congress, and 

 Federal water resources construction agencies; 

 water resources projects; property: acquisition, 

 exchanges, cash equalization payments, dona- 

 tions, administration, and title. 



767c. Same; prior approval by other Federal departments 

 or agencies of activities on lands administered by 

 such departments or agencies. 



767d. Same. 



(a) Authorization of appropriations. 



(b) Limitation on obllgatlori of funds In any 



one State. 



