599 



25. Prohibition of Certain Foreign Tishing Vessels in U.S. Fisheries 



16 U.S.C. 1100 to llOOa-3 ' 



Sec. 



1100. Prohibited activities. 



1100a. Violations and penalties; separate violations; 



forfeitures. 

 llOOa-1. Enforcement. 



(a) Issuance of warrants or other process. 



(b) Joint responsibility, 



(c) Execution of warrants or process. 



(d) Search of vessels. 



(e) Seizure and disposition of prohibited fish. 



(f) Bond or stipulation to stay execution of 



process or discharge seized fish; approval 

 of surety; conditions: delivery, money 

 payment, or answer to decree; return; 

 Judgment upon breach of conditions; 

 proceeds in registry of court. 



llOOa-2. Regulations. 



llOOa-3. Definitions. 



§1100. Prohibited activities. 



During the flve-year period beginning on Octo- 

 ber 27, 1972, it shall be unlawful for any person on 

 board any prohibited vessel — 



Q) to transfer at sea or cause to be transferred 

 at sea any prohibited fish; or 



(2) to land or cause to be landed any prohibited 

 fish in any port of the United States. 

 (Pub. L. 92-601, § 1, Oct. 27, 1972, 86 Stat. 1327.) 



§110Qa. Violations and penalties; separate violations; 

 forfeitures. 



(a) Any person who knowingly — 



( 1 > violates section 1 100 of this title ; 



(2) takes, sells, transfers, purchases, or receives 

 any prohibited fish which are transferred or 

 landed in violation of section 1100 of this title; or 



(3) violates any regulation issued pursuant to 

 section 1 lOOa-2 of this title; 



shall be liable to a civil penalty of not more than 

 $1,000, in addition to any other penalty provided by 

 law. Each separate unlawful transfer or landing of 

 prohibited fish shall constitute a separate violation of 

 section 1100 of this title. 



(b) Any prohibited fish transferred or landed in 

 violation of section 1100 of this title, or the monetary 

 value thereof, shall be subject to forfeiture. (Pub. L. 

 92-601, § 2. Oct. 27. 1972, 86 Stat. 1327.) 



§1100a-l. Enforcement. 



(a) Issuance of v.arrants or other process. 



The judges of the United States district courts 

 and the United States magistrates may. within their 

 respective jurisdictions, upon proper oath or affir- 

 mation showing probable cause, issue such warrants 

 or other process as may be required for enforcement 

 of this chapter and the iwulations issued pursuant 

 thereto. 



(b) Joint responsibility. 



Enforcement of this chapter and the regulations 

 issued pursuant thereto shall be the joint responsi- 

 bility of the Secretary of Commerce and the Secre- 

 tary of the department in which the Coast Guard 

 is operating. 



(c) Execution of warrants; or process. 



Any person authorized to carry out enforcement 

 activities hereunder shall have the power to execute 

 any warrant or process issued by any officer or court 

 of competent jurisdiction for the enforcement of this 

 chapter and the regulations issued pursuant thereto. 



(d) .Search of vessels. 



Such person so authorized shall have the power, 

 with or without a warrant or other process, to search 

 any vessel subject to the jurisdiction of the United 

 States. 



(e) Seizure and disposition of prohibited fish. 



Such person so authorized may seize, whenever 

 and wherever lawfully found, all prohibited fish 

 transferred, landed, taken, sold, purchased, or re- 

 ceived in violation of the provisions of this chapter 

 or the regulations issued pursuant thereto. Any pro- 

 hibited fish so seized may be disposed of pursuant 

 to the order of a court of competent jurisdiction, pur- 

 suant to the provisions of subsection tf ) of this sec- 

 tion or, if perishable, in a manner prescribed by 

 regulations of the Secretary concerned. 



(f) Bond or stipulation to stay execution of process or 

 discharge seized fish; approval of surety; condi- 

 tions: delivery, money payment, or answer to 

 decree; return; judgment upon breach of condi- 

 tions; proceeds in registry of court. 



Notwithstanding the provisions of section 2464 of 

 Title 28, when a warrant of arrest or other process 

 in rem is issued in any cause under this section, the 

 marshal or other officer shall stay the execution of 

 such process, or discharge any prohibited fish seized 

 if the process has been levied, on receiving from the 

 claimant of the prohibited fish a bond or stipulation 

 for the value of the property with sufficient surety to 

 be approved by a judge of the district court having 

 jurisdiction of the eolation, conditioned to deUver 

 the prohibited fish seized, if condemned, without 

 impairment in value or, in the discretion of the court, 

 to pay its equivalent value in money or otherwise 

 to answer the decree of the court in such cause. Such 

 bond or stipulation shall be returned to the court 

 and judgment thereon against both the principal and 

 sureties may be recovered in event of any breach of 

 the conditions thereof as determined by the court. In 

 the discretion of the accused, and subject to the 

 direction of the court, the prohibited fish may be sold 

 for not less than its reasonable market value and the 

 proceeds of such sale placed in the registry of the 

 court pending judgment in the case. (Pub. L. 92-601, 

 § 3, Oct. 27, 1972, 86 Stat. 1327.) 



§1100a-2. Regulations. 



The Secretary of Commerce and the Secretary of 

 the department in which the Coast Guard is operat- 

 ing are authorized jointly and severally to issue such 

 regulations as may be necessary to carry out the 

 provisions of this chapter. (Pub. L. 92-601, § 4, 

 Oct. 27, 1972, 86 Stat. 1328.) 



