604 



uie oecreiary shall be predicated upon at least 33 Vs 

 per centum of the contribution by the Giovemment. 

 All fees collected by the Secretary shall be credited 

 to a separate account established in the Treasury of 

 the United States which shall remain available with- 

 out fiscal year limitation to carry out the provisions 

 of this section. If a transfer of funds is made to the 

 separate siccount under section 1975(b) (2) of this 

 title with respect to an unpaid claim and such claim 

 Is later paid, the amount so paid shall be covered 

 Into the Treasury as miscellaneous receipts. All pay- 

 ments under this section shall be made first out of 

 such fees so long as they are available and thereafter 

 out of funds which are hereby authorized to be 

 appropriated to such account to carry out the pro- 

 visions of this section. 



(d) Finality of determinations; insured losses. 



All determinations made under this section shall 

 be final. No payment under this section shall be 

 made with respect to any losses covered by any 

 policy of insurance or other provision of law. 



(e) Effective date ; rules and regulations. 



The provisions of this section shall be effective 

 until October 1, 1977. 



(f) Definitions. 



For the purposes of this section — 



(1) the term "Secretary" means the Secretary 

 of Commerce. 



(2) the term "owner" includes any charterer 

 of a commercial fishing vessel. 



(As amended Oct. 26, 1972, Pub. L. 92-569, § 4, 86 

 Stat. 1183; Oct. 27, 1972, Pub. L. 92-594, §§1, 2. 



86 Stat. 1313.) 



Amendments 



1972_Subsec. (c). Pub. L. 92-569 adde* provision that 

 amounts paid subsequent to transfer to the separate 

 account be covered Into the Treasury as miscellaneous 

 receipts. 



Subsec. (e) . Pub. L. 92-594. § 1, extended the provisions 

 of this section untU July 1, 1977, and struck out provisions 

 relating to the issuance of regulations. 



Subsec. (f)(1). Pub. L. 92-594, §2, substituted "Secre- 

 tary of Commerce" for "Secretary of the Interior". 



Effective Date of 1972 Amendment 

 Amendment by Pub. L. 92-569 applicable with respect 

 to seizure of vessels of the United States occurring on or 

 after Oct. 26, 1972, see section 6 of Pub. L. 92-569, set out 

 as a note under section 1972 of this title. 



§1978. Restriction on importation of fishery products 

 from countries which violate international fishery 

 conservation program. 



(a) Certification to President. 



When the Secretary of Commerce determines that 

 nationals of a foreign country, directly or indirectly, 

 are conducting fishing operations In a manner or 

 under circumstances which diminish the eflfectlve- 

 ness of an international fishery conservation pro- 

 gram, the Secretary of Commerce shall certify such 

 fact to the President. Upon receipt of such certi- 

 fication, the President may direct the Secretary of 

 the Treasury to prohibit the bringing or the impor- 

 tation into the United States of fish products of the 

 offending country for such duration as he deter- 

 mines appropriate and to the extent that such pro- 

 hibition is sanctioned by the General Agreement on 

 Tariffs and Trade. 



(b) Notification to Congress. 



Within sixty days following certification by the 

 Secretary of Commerce, the President shall notify the 

 Congress of any action taken by him pursuant to 

 such certification. In the event the President falls 

 to direct the Secretary of the Treasury to prohibit 

 the importation of fish products of the offending 

 coimtry, or if such prohibition does not cover all 

 fish products of the offending country, the President 

 shall Inform the Congress of the reasons therefor. 



(c) Importation of fish products from offending coun- 

 try prohibited. 



It shall be unlawful for any person subject to the 



jurisdiction of the United States knowingly to bring 



or import into, or cause to be imported into, the 



United States any fish products prohibited by the 



Secretary of the Treasury pursuant to this section. 



(d) Penalties; forfeiture; customs laws. 



(1) Any person violating the provisions of this 

 section shall be fined not more than $10,000 for the 

 first violation, and not more than $25,000 for each 

 subsequent violation. 



(2) All fish products brought or imported into the 

 United States in violation of this section, or the 

 monetary value thereof, may be forfeited. 



(3) All provisions of law relating to the seizure, 

 judicial forfeiture, and condemnation of a cargo for 

 violation of the customs laws, the disposition of such 

 cargo or the proceeds from the sale thereof, and the 

 remission or mitigation of such forfeitures shall 

 apply to seizures and forfeitures incurred, or alleged 

 to have been incurred, under the provisions of this 

 section, insofar as such provisions of law are applic- 

 able and not inconsistent with this section. 



(e) Enforcement. 



(1) Eiiforcement of the provisions of this section 

 prohibiting the bringing or importation of fish prod- 

 ucts into the United States shall be the responsibility 

 of the Secretary of the Treasury. 



( 2 ) The judges of the United States district courts, 

 and United States commissioners ^ may, within their 

 respective jurisdictions, upon proper oath or affirma- 

 tion showing probable cause, issue such warrants or 

 other process as may be required for enforcement of 

 this chapter and regulations issued thereunder. 



(3) Any person authorized to carry out enforce- 

 ment activities hereunder shall have the power to 

 execute any warrant or process issued by any officer 

 or court of competent jurisdiction for the enforce- 

 ment of this section. 



(4) Such person so authorized shall have the 

 power — 



(A) with or without a warrant or other process, 

 to arrest any persons subject to the jurisdiction of 

 the United States committing in his presence or 

 view a violation of this section or the regulations 

 issued thereunder: 



(B) with or without a warrant or other process, 

 to search any vessel subject to the jurisdiction of 

 the United States, and, if as a result of such search 



' So In original. Reference was probably Intended to 

 United States magistrates. See section 631 et seq. of Title 

 28, Judiciary and Judicial Procedure. 



