Sec.

1211. Congressional statement of purpose.

1212. Investigation and control of crown of thorns starfish. 1213. Authorization of appropriations.

§ 1211. Congressional statement of purpose.

For the purpose of conserving and protecting coral reef resources of the tropical islands of interest and concern to the United States in the Pacific and safeguarding critical island areas from possible erosion and to safeguard future recreational and esthetic uses of Pacific coral reefs, the Secretary of the Interior and the Secretary of the Smithsonian Institution are authorized to cooperate with and provide assistance to the governments of the State of Hawaii, the territories and possessions of the United States, including Guam and American Samoa, the Trust Territory of the Pacific Islands, and other island possessions of the United States, in the study and control of the seastar "Crown of Thorns" (Acanthaster planci). (Pub. L. 91-427, § 1, Sept. 26, 1970, 84 Stat. 884.)

§ 1212. Investigation and control of crown of thorns starfish.

In carrying out the purposes of this chapter, the

Secretary of the Interior and the Secretary of the Smithsonian Institution are authorized to

(1) conduct such studies, research, and investigations, as they deem desirable to determine the causes of the population increase of the "Crown of Thorns", their effects on corals and coral reefs, and the stability and regeneration of reefs following predation;

(2) to monitor areas where the "Crown of Thorns" may be increasing in numbers and to determine future needs for control;

(3) to develop improved methods of control and to carry out programs of control in areas where these are deemed necessary; and

(4) to take such other actions as deemed desirable to gain an understanding of the ecology and control of the seastar "Crown of Thorns". (Pub. L. 91-427, § 2, Sept. 26, 1970, 84 Stat. 884.)

§ 1213. Authorization of appropriations.

For the purpose of carrying out the provisions of this chapter, there is authorized to be appropriated for the period commencing on September 26, 1970, and ending June 30, 1975, not to exceed $4,500,000. (Pub. L. 91-427, § 3, Sept. 26, 1970, 84 Stat. 884.)

AN ACT

To prevent the entry of certain mollusks into the
United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture shall establish such facilities for, and prescribe such regulations governing, the inspection and treatment of produce, baggage, salvaged war materials, and other goods entering the United States from areas infested with any terrestrial or fresh-water

mollusk, as he considers necessary to prevent the entry of such mollusks into the United States. Whoever violates any such regulation or imports such a mollusk into the United States shall be fined not more than $500 or imprisoned not more than one year, or both. The term "United States", as used in this Act in a territorial sense, means the fortyeight States, the District of Columbia, the possessions of the United States (except those which the Secretary of Agriculture finds are infested with such mollusks), and the Canal Zone. Approved September 22, 1951.

Sec.

1051. Authorization to plan, construct, and maintain Center and Aquarium; use of Federal land and property; acquisition of lands, waters, and interest therein. 1052. Operation of Center and Aquarium; specimens and exhibits; catalogs and other printed matter and films, animations and photographic and other material; employment of experts, consultants, and organizations; use of auditorium and other areas; use of facilities by foreigners. 1053. Delegation of responsibility for operation. 1054. Advisory Board; establishment; meetings; functions; quorum; executive secretary.

1055. Members of Advisory Board; appointment; terms; vacancies.

69-254 O-72 15

Columbia or its vicinity for research in fisheries and for the display of fresh water and marine fishes and other aquatic resources for educational, recreational, cultural, and scientific purposes.

(b) The Administrator is further authorized to use Federal land and property for purposes of this chapter with the consent of the particular agency having administrative jurisdiction thereover, and, if said property is unavailable for purposes hereof, he may purchase, lease, or otherwise acquire such lands, waters, and interests therein, as he may deem necessary to carry out the provisions of subsection (a) of this section. (Pub. L. 87-758, § 1, Oct. 9, 1962, 76 Stat. 752.)

§ 1052. Operation of Center and Aquarium; specimens and exhibits; catalogs and other printed matter and films, animations and photographic and other material; employment of experts, consultants, and organizations; use of auditorium and other areas; use of facilities by foreigners.

(a) The Secretary of the Interior (hereinafter referred to as the "Secretary") shall operate the National Fisheries Center and Aquarium.

(b) The Secretary is further authorized to(1) construct, purchase or lease, and operate and maintain vessels for specimen collecting purposes and, without regard to section 5 of Title 41, to contract for such collection of specimens and to purchase or exchange specimens and exhibit materials;

(2) prepare for free distribution or exhibit or to offer for sale at cost illustrated catalogs of specimens, brochures, and other printed matter and films, animations and photographic and other material pertaining to the National Fisheries Center and Aquarium and its objectives and to aquariums generally, all or any of which may be reproduced by any printing or other process without regard to existing regulations, the proceeds of sales to be covered into the United States Treasury;

(3) employ, as authorized by section 55a of Title 5, but at rates not to exceed $50 per diem plus expenses, experts, consultants, or organizations thereof, as required to assist with the planning, design, construction, and operation of the National Fisheries Center and Aquarium;

(4) permit on such terms and conditions as he shall consider to be in the public interest the use of auditorium and other areas for meetings and exhibits of societies and groups whose purposes are related to fish and wildlife generally; and

(5) encourage the use of the educational and scientific facilities and equipment at the National Fisheries Center and Aquarium by individuals of any nation with which the United States maintains diplomatic relations and which extends similar use of its educational and scientific facilities and equipment to citizens of the United States. (Pub. L. 87-758, § 2, Oct. 9, 1962, 76 Stat. 752.)

REFERENCES IN TEXT

Section 55a of Title 5, referred to in subsec. (b) (3), is now covered by section 3109 of Title 5, Government Organization and Employees.

§ 1053. Delegation of responsibility for operation.

The Secretary shall assign the responsibility for the operation of the National Fisheries Center and Aquarium and related activities to that branch of the Bureau of Sport Fisheries and Wildlife having as its major activity the rearing and holding of living fishes, including the operation of aquariums. (Pub. L. 87-758, § 3, Oct. 9, 1962, 76 Stat. 753.)

§ 1054. Advisory Board; establishment; meetings; functions; quorum; executive secretary.

There is established a nonpartisan Advisory Board to be known as the National Fisheries Center and Aquarium Advisory Board. The Advisory Board shall meet from time to time on the call of the Chairman. The functions of the Board shall be to render advice and to submit recommendations to the Secretary of the Interior upon his request, or upon its own initiative, concerning the management and operation of the National Fisheries Center and Aquarium. Five members shall constitute a quorum to transact business. The Secretary may designate an employee of the Department to serve as Executive Secretary to the Board. (Pub. L. 87-758, § 4, Oct. 9, 1962, 76 Stat. 753.)

§ 1055. Members of Advisory Board; appointment; term; vacancies.

(a) The Advisory Board shall be composed of nine members. The Secretary shall designate the Chairman of the Advisory Board. The Assistant Secretary of the Interior for Fish and Wildlife shall be a member of such Board ex officio. The remaining eight members of such Board shall be appointed as follows

(1) two Members of the Senate, appointed by the President of the Senate;

(2) two Members of the House of Representatives, appointed by the Speaker of the House of Representatives;

(3) two individuals appointed by the Secretary, one of whom shall be engaged in or closely associated with, sport fishing, and one of whom shall be engaged in, or closely associated with, commercial fishing; and

(4) two individuals appointed by the Secretary from the public at large.

(b) Each class of two members of the Advisory Board referred to in subsection (a) of this section shall be appointed for terms of four years, except that, of each such class of two members initially appointed, one shall be appointed for a term of two years. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Of each class of two members of such Board referred to in paragraphs (1) and (2) of subsection (a) of this section, not more than one shall be from the same political party, and not more than one shall be from the same State. Any member of such Board referred to in such paragraphs (1) and (2) who shall cease to be a Member of Congress during the term of his appointment under this section shall cease to be a member of such Board.

(c) Any vacancy in the Advisory Board shall be

filled in the same manner as in the case of the original appointment. (Pub. L. 87-758, § 5, Oct. 9, 1962, 76 Stat. 753.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1056 of this title.

§ 1056. Compensation of Advisory Board.

Members of the Advisory Board, other than members appointed under paragraphs (3) and (4) of subsection (a) of section 1055 of this title, shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Board. Members of the Board appointed under paragraphs (3) and (4) of subsection (a) of section 1055 of this title may each receive $50 per diem when engaged in the actual performance of duties vested in the Board, in addition to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties. (Pub. L. 87-758, § 6, Oct. 9, 1962, 76 Stat. 754.)

§ 1057. Preparation of annual report by Director.

The Director of the National Fisheries Center and Aquarium shall prepare for the Advisory Board an annual report for presentation to the Secretary of the Interior and to the Congress. (Pub. L. 87-758, § 7, Oct. 9, 1962, 76 Stat. 754.)

§ 1058. Limitation on appropriations and expenditures; charges for visitation and use.

Funds appropriated and expended hereunder for construction of the buildings for the National Fisheries Center and Aquarium shall not exceed $10,000,000: Provided, That the expenditure of such funds shall be made subject to the condition that the Secretary of the Interior shall establish charges relating to visitation to and uses of the National Fisheries Center and Aquarium at such rates as in the Secretary's judgment will produce revenues to (a) liquidate the costs of construction within a period of not to exceed thirty years and (b) pay for the annual operation and maintenance costs thereof. (Pub. L. 87-758, § 8, Oct. 9, 1962, 76 Stat. 754.)

§ 92. Admissions to marine biological station for pursuit of investigations.

The professors, instructors, and students of the several land-grant, agricultural, and mechanical colleges of the United States shall be admitted to the marine biological station on the Gulf of Mexico on the coast of Florida, to pursue such investigation in fish culture and biology as may be practicable, without cost to the Government, under such rules and regulations as may be from time to time prescribed by the Secretary of Interior. (Mar. 1, 1911, ch. 189, 2, 36 Stat. 964; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Aug. 1, 1914, ch. 223, § 1, 38 Stat. 665; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F. R. 2107, 54 Stat. 1231.)

CODIFICATION

Section consists of section 2 of act Mar. 1, 1911. Section 1 thereof authorizing the establishment of the marine biological station on the Gulf coast of the State of Florida, referred to in text, on the condition that the State of Florida onate the necessary land and water rights, was not classified to the Code. The provisions of said section 1 requiring donation of the required land and water rights by the State were amended by act Aug. 1, 1914, ch. 223, § 1, 38 Stat. 685, which authorized the donation of the required land and water rights by a corporation, firm, or individual in addition to the State.

TRANSFER OF FUNCTIONS

The Bureau of Fisheries in the Department of Commerce which administered the marine biological station referred to in the text under the supervision of the Secretary of Commerce was transferred to the Department of the Interior under the direction of the Secretary of the Interior by 1939 Reorg. Plan No. II, set out in the Appendix to Title 5, Government Organization and Employees, and by 1940 Reorg. Plan No. III, set out in the Appendix to Title 5, Government Organization and Employees. The Bureau of Fisheries was consolidated with the Bureau of Biological Survey into the Fish and Wildlife Service in the Department of the Interior and under the supervision of the Secretary of the Interior.

The Secretary of Commerce was substituted for the Secretary of Commerce and Labor pursuant to act Mar. 4, 1913, which changed the name of the Department of Commerce and Labor to the Department of Commerce.

STATION AT SARASOTA, FLORIDA

The Fish and Wildlife Service established a marine biological station at Sarasota, Florida, during the year 1948.

DISPOSAL OF STATION

Secretary of Commerce was authorized to dispose of the marine biological station at Key West, Fla., by act Apr. 29, 1929, ch. 2, 46 Stat. 2.

Under communication of the Fish and Wildlife Service dated November 12, 1940, it was stated the land on which was situated this station was reconveyed to the Key West Realty Company by quit claim deed executed by the Secretary of Commerce.

CROSS REFERENCES

Agricultural and mechanical colleges, see chapter 13 of Title 7, Agriculture.

§3. "Vessel" as including all means of water transportation.

The word "vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation

on water. (July 30, 1947, ch. 388, 61 Stat. 633.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 101; title 37 section 101.

Sec. 740.

Extension of admiralty and maritime jurisdiction; libel in rem or in personam; exclusive remedy; waiting period.

§ 740. Extension of admiralty and maritime jurisdiction; libel in rem or in personam; exclusive remedy; waiting period.

The admiralty and maritime jurisdiction of the United States shall extend to and include all cases of damage or injury, to person or property, caused by a vessel on navigable water, notwithstanding that such damage or injury be done or consummated on land.

In any such case suit may be brought in rem or in personam according to the principles of law and the rules of practice obtaining in cases where the injury or damage has been done and consummated on navigable water: Provided, That as to any suit against the United States for damage or injury done or consummated on land by a vessel on navigable waters, the Public Vessels Act or Suits in Admiralty

Act, as appropriate, shall constitute the exclusive remedy for all causes of action arising after June 19, 1948, and for all causes of action where suit has not been hitherto filed under the Federal Tort Claims Act: Provided further, That no suit shall be filed against the United States until there shall have expired a period of six months after the claim has been presented in writing to the Federal agency owning or operating the vessel causing the injury or damage. (June 19, 1948, ch. 526, 62 Stat. 496.)

REFERENCES IN TEXT

The Public Vessels Act, referred to in the text, is classifiled to chapter 22 of this title.

The Suits in Admiralty Act, referred to in the text, is classified to chapter 20 of this title.

The Federal Tort Claims Act, referred to in the text, was title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was repealed as part of the review of Title 28 by act June 25, 1948, ch. 646, § 39, 62 Stat. 962. Provisions covering Federal tort claims will be found in sections 1346 and 2671 to 2680 of Title 28, Judiciary and Judicial Procedure.

Sec.

531. Agreement for fishing voyage. 532. Penalty for violating agreement.

533. Recovery of shares of fish under agreement. 534. Discharge of vessel on bond by owner.

§ 531. Agreement for fishing voyage.

The master of any vessel of the burden of twenty tons or upward, qualified according to law for carrying on the bank and other cod fisheries, or the mackerel fishery, bound from a port of the United States to be employed in any such fishery, at sea, shall, before proceeding on such fishing voyage, make an agreement in writing with every fisherman who may be employed therein, except only an apprentice or servant of himself or owner, and, in addition to such

terms of shipment as may be agreed on, shall, in such agreement, express whether the same is to continue for one voyage or for the fishing season, and shall also express that the fish or the proceeds of such fishing voyage or voyages which may appertain to the fishermen shall be divided among them in proportion to the quantities or number of such fish which they may respectively have caught. Such agreement shall be indorsed or countersigned by the owner of such fishing vessel or his agent. (R. S. § 4391.)

DERIVATION

Acts June 19, 1813, ch. 2, § 1, 3 Stat. 2; Mar. 3, 1865, ch. 117, 13 Stat. 535.