598 



1972, report to the Congress his recommendations 

 for legislation which may be necessary to achieve 

 coordination and/or eliminate duplication between 

 the functions authorized by this Act and the func- 

 tions of any other agencies. (Pub. L. 92-340, title I, 

 § 105, July 10, 1972, 86 Stat. 427.) 



§ 1226. Civil penalties; proceedings for collection. 



Whoever violates a regulation issued under this 

 chapter shall be liable to a civil penalty of not more 

 than $10,000. The Secretary may assess and collect 

 any civil penalty incurred under this chapter and, 

 in his discretion, /emit, mitigate, or compromise any 

 penalty. Unpon failure to collect or compromise a 

 penalty^, the Secretary may request the Attorney 



General to commence an action for collection in any 

 district court of the United States. A vessel used or 

 employed in a violation of a regulation under this 

 chapter shall be liable in rem and may be proceeded 

 against in any district court of the United States 

 having jurisdiction. (Pub. L. 92-340. title I, § 106, 

 July 10, 1972, 86 Stat. 427.) 



§ 1227. Criminal penalties. 



Whoever willfully violates a regulation issued un- 

 der this chapter shall be fined not less than $5,000 or 

 more than $50,000 or imprisoned for not more than 

 five years, or both. (Pub. L. 92-340, title I, § 107, 

 July 10, 1972, 86 Stat. 427.) 



24. Privileges of Vessels of the United States Employed in Fisheries; 

 Landing of Foreign Vessels in Virgin Islands; Enrollment 



46 U.S.C. 251-252 



§251. Vessels entitled to privileges of vessels em- 

 ployed in coasting trade or fisheries; landing of 

 catch of fish by foreign-flag vessels; sale or trans- 

 fer for immediate consumption; forfeitures and 

 penalties. 



(a) Vessels of twenty tons and upward, enrolled 

 in pursuance of sections 251 to 255. 258, 259, 262 to 

 280, 293, 306 to 316, 318, 321 to 330 and 333 to 335 of 

 this title, and having a license in force, or vessels of 

 less than twenty tons, which, although not enrolled, 

 have a license in force, as required by such sections. 

 and no others, shall be deemed vessels of the United 

 States entitled to the privileges of vessels employed 

 in the coasting trade or fisheries. Except as other- 

 wise provided by treaty or convention to which the 

 United States is a party, no foreign-flag vessel shall, 

 whether documented as a cargo vessel or otherwise, 

 land in a port of the United States its catch of fish 

 taken on board such vessels on the high seas or 

 fish products processed therefrom, or any fish or 

 fish products taken on board such vessel on the high 

 seas from a vessel engaged in fishing operations or 

 in the processing of fish or fish products. 



(b) Subsection (a) of this section shall not be 

 deemed to prohibit the landing by a foreign-fiag 

 vessel of not more than fifty feet overall length in 

 a port of the Virgin Islands of the United States 

 for immediate consumption in such islands of its 

 catch of fresh fish, whole or with the heads, viscera, 

 or fins removed, but not frozen, otherwise processed, 

 or further advanced. No fish landed under this 

 authorization shall be sold or transferred except for 

 immediate consumption. Sale or transfer to an 

 agent, representative, or employee of a freezer or 

 cannery shall be deemed to be prohibited in the 

 absence of satisfactory evidence that such sale or 

 transfer is for immediate consumption. For the 

 purposes of this subsection, the term "immediate 

 consumption" shall not preclude the freezing, 

 smoking, or other processing of such fresh fish by 

 the ultimate consumer thereof. 



(c) Any fish landed in the Virgin Islands of the 

 United States which are retained, sold, or trans- 

 ferred other than as authorized in subsection (b) 

 of this section shall be liable to forfeiture and any 

 person or persons retaining, selling, transferring, 

 purchasing, or receiving such fish shall severally be 

 liable to a penalty of $1,000 for each offense, in addi- 

 tion to any other penalty provided in law. (R.S. 

 § 4311; Sept. 2, 1950, ch. 842, 64 Stat. 577; Sept. 13, 

 1961, Pub. L. 87-220. § 1, 75 SUt. 493.) 

 Amendments 



1961— Pub. L 87-220 designated existing provisions as 

 subsec. (a), andaddedsubsecs (b) and (c). 



1950— Act Sept 2, 1950. added second sentence to In- 

 crease protection to American fishermen. 



§251a. Remission or mitigation of fines, penalties or 

 forfeitures. 



Any fine, penalty, or forfeiture incurred under the 

 provisions of this Act shall be subject to remission 

 or mitigation in accordance with section 7 of this 

 title. (Pub. L. 87-220, § 2, Sept. 13, 1961, 75 Stat. 

 493.) 

 §25lb. Regulations. 



The Secretary of the Treasury may issue such 

 regulations as he deems necessary for the enforce- 

 ment of the provisions of this Act. (Pub. L. 87-220, 

 § 3, Sept. 13, 1961, 75 SUt. 493. > 



§ 252. Vessels which may be enrolled. 



In order for the enrollment of any vessel, she shall 

 possess the same qualifications, and the same re- 

 quirements in all respects shall be complied with, as 

 are required before registering a vessel; and the same 

 powers and duties are conferred and imposed upon 

 all officers, respectively, and the same proceedings 

 shall be had, in enrollment of vessels, as are pre- 

 scribed for similar cases in registering; and vessels 

 enrolled, with the masters or owners thereof, shall be 

 subject to the same requirements as are prescribed 

 for registered vessels. (R.S. § 4312.) 



