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All 68 Stat. 699,

Presidential authority.

Agenoy oooperation.

Reimbursement.

Restricted fishing areas. Enforcement.

U. S. fishing vessels, eto.

Unlawful acts.

to matters directly relating to the Convention, this Act, or regulations issued pursuant to this Act.

SEC. 6. The President is authorized to (a) accept or reject, on behalf of the United States, recommendations made by the Commission in > accordance with the provisions of article III, section 1, of the Convention, and recommendations made by the Commission in pursuance of the provisions of the Protocol to the Convention; and (b) act for the United States in the selection of persons by the contracting parties to compose the special committee provided by the Protocol to the Convention.

SEC. 7. Any agency of the Federal Government is authorized, upon request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish, on a reimbursable basis, facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the Convention. Such agency may accept reimbursement from the Commission.

SEC. 8. (a). The provisions of the Convention and this Act relating to abstention from fishing in certain areas by the nationals and vessels of one or more of the contracting parties shall be enforced by the Coast Guard in cooperation with the Fish and Wildlife Service and the Bureau of Customs.

(b) For such purposes any Coast Guard officer, any officer of the Fish and Wildlife Service, or any other person authorized to enforce the provisions of the Convention and this Act referred to in subsection (a) of this section may go on board any fishing vessel of Canada or Japan found in waters in which Canada or Japan has agreed by or under the Convention to abstain from exploitation of one or more stocks of fish, and, when he has reasonable cause to believe that such vessel is engaging in operations in violation of the provisions of the Convention, may, without warrant or other process, inspect the equipment, books, documents, and other articles on such vessel and question the persons on board, and for these purposes may hail and stop such yessel, and use all necessary force to compel compliance.

(c) Whenever any such officer has reasonable cause to believe that any person on any fishing vessel of Canada or Japan is violating, or immediately prior to the boarding of such vessel was violating, the provisions of the Convention referred to in subsection (a) of this section, such person, and any such vessel employed in such violation shall be detained and shall be delivered as promptly as practicable to an authorized official of the nation to which they belong in accordance with the provisions of the Convention.

(d) Any officer of the Coast Guard, any officer of the Fish and Wildlife Service, or any other person authorized to enforce the provisions of the Convention and this Act referred to in subsection (a) of this section, may be directed to attend as witnesses and to produce such available records and files or duly certified copies thereof as may be necessary to the prosecution in Canada or Japan of any violation of the provisions of the Convention or any Canadian or Japanese law for the enforcement thereof when requested by the appropriate authorities of Canada or Japan respectively.

SEC. 9. The Secretary of the Interior may designate officers of the States and Territories of the United States to enforce the provisions of the Convention and this Act in so far as they pertain to fishing vessels of the United States and the persons on board such vessels.

SEC. 10. (a) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States to engage in the catching of any stock of fish from which the United States may agree to abstain in the waters specified for such abstention as set forth in the Annex to the Convention, or to load, process, possess, or transport any

All 68 Stat. 700. such fish or fish products processed therefrom in the said waters, or to land in a port of the United States any fish so caught, loaded, possessed, or transported or any fish products processed therefrom.

(b) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States knowingly to load, process, possess, or transport any fish specified in subsection (a) of this section or any fish products processed therefrom in the territorial waters of the United States or in any waters of the Convention area in addition to those specified in subsection (a) of this section, or to land in a port of the United States any such fish or fish products.

(e) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States knowingly to load, process, possess, or transport in the Convention area or in the territorial waters of the United States any fish taken by a national of Canada or Japan from a stock of fish from which Canada or Japan respectively has agreed to abstain as set forth in the Annex to the Convention or any fish products processed therefrom, or to land such fish or fish products in a port of the United States.

(d) It shall be unlawful for any person subject to the jurisdiction of the United States to aid or abet in the taking of fish by a national or fishing vessel of Canada or of Japan from a stock of fish from which Canada or Japan has respectively agreed to abstain as set forth in the Annex of the Convention.

(e) It shall be unlawful for the master or owner or any person in charge of any fishing vessel of the United States to refuse to permit the duly authorized officials of the United States, Canada, or Japan to board such vessel or inspect its equipment, books, documents, or other articles or question the persons on board in accordance with the provision of the Convention, or to obstruct such officials in the execution of such duties.

SEC. 11. (a) Any person violating subsection (a), (b), or (c) of Penalties. section 10 of this Act shall upon conviction be fined not more than $10,000, and for such offense the court may order forfeited, in whole or in part, the fish concerned in the offense, or the fishing gear involved in such fishing, or both, or the monetary value thereof. Such forfeited fish or fishing gear shall be disposed of in accordance with the direction of the court.

(b) Any person violating subsection (d) of section 10 of this Act shall upon conviction be fined not more than $10,000.

(c) Any person violating subsection (e) of section 10 of this Act shall upon conviction be fined not more than $10,000 and be imprisoned for not more than one year or both, and for such offense the court may order forfeited, in whole or in part the fish and fishing gear on board the vessel, or both, or the monetary value thereof. Such fish and fishing gear shall be disposed of in accordance with the direction of the court.

(d) Section 10 of the Northwest Atlantic Fisheries Act of 1950 (64 Stat. 1067; 16 U. S. C. 989) shall not apply to violations for which 64 Stat. 1070. penalties are provided in this section.

SEC. 12. For the effective execution of this Act, sections 7 (a) and Applicable (b), 9, 10, and 11 of the Northwest Atlantic Fisheries Act of 1950 statutes. (64 Stat. 1067; 16 U. S. C. 986, 988, 989, 990) shall be deemed to be incorporated herein in haec verba provided that regulations authorized by section 7 (a) of the Northwest Atlantic Fisheries Act shall be adopted by the Secretary of the Interior on consultation with the United States Section and shall apply only to stocks of fish in the

All 68 Stat. 701. Appropriations. SEC. 13. (a) There is hereby authorized to be appropriated from Appropriations, time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this Act, including

63 Stat. 166.
5 USC 835 note.
60 Stat. 808.

66 Stat. 550. 22 USC 262b.

Separability.

(1) necessary travel expenses of the United States Commissioners without regard to the Standardized Government Travel Regulations, as amended, the Travel Expense Act of 1949, or section 10 of the Act of March 3, 1933 (U. S. C., title 5, sec. 73b); and

(2) the United States share of the joint expenses of the Commission; provided that the Commissioners shall not, with respect to commitments concerning the United States share of the joint expenses of the Commission, be subject to the provisions of section 262 (b) of title 22 of the United States Code insofar as they limit the authority of United States representatives to international organizations with respect to such commitments.

(b) Such funds as shall be made available to the Secretary of the Interior for research and related activities shall be expended to carry out the program of the Commission in accordance with recommendations of the United States Section.

SEC. 14. If any provision of this Act or the application of such provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or persons shall not be affected thereby.

Approved August 12, 1954.

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To repeal certain World War II laws relating to return of fishing vessels, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, effective upon Repeals. the enactment of this joint resolution, the following statutory pro

visions are repealed:

(a) The Act of April 29, 1943, entitled "An Act to authorize the Fishing vessels, return to private ownership of certain vessels formerly used or suitable Return to prifor use in the fisheries or industries related thereto“, as amended vate ownership. (Public Law 44, Seventy-eighth Congress, 57 Stat. 69; Public Law 305, Seventy-eighth Congress, 58 Stat. 223; Public Law 716, Seventy

ninth Congress, 60 Stat. 976; 50 War App. U. S. C. 1301-1305).

(b) The Act of August 10, 1946, entitled “An Act relating to the Sale. sale by the United States of surplus vessels suitable for fishing" (Public Law 717, Seventy-ninth Congress, 60 Stat. 977; 50 War App. U. S. C. 1306-1308). Notwithstanding the enactment of this joint Effectivity. resolution, the aforesaid statutory provisions shall apply to any vessels which prior to such enactment have been declared available for return to former owners by notice to the Department of Commerce under the Act of April 29, 1943, as amended, or determined to be surplus for sale to former owners of fishing vessels in accordance with the Act of August 10, 1946 (Public Law 717, Seventy-ninth Congress). Any other vessels which, but for the enactment of this joint resolution, would be disposed of in accordance with any of the aforesaid statutory provisions, shall be disposed of in accordance with the provisions of other existing laws.

Approved August 13, 1954.

Chapter 729 - 2d Session
S. 2453

AN ACT

To amend the Communications Act of 1934, as amended, with respect to implementing the International Convention for the Safety of Life at Sea relating to radio equipment and radio operators on board ship.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) paragraphs Sea safety by (1) and (2) of section 351 (a) of the Communications Act of 1934, as radio. amended, are amended to read as follows:

50 Stat. 192.

Unlawful acts.

Under 500 tons.

Cargo ships.

(1) For any ship of the United States, other than a cargo ship of 47 USC 351. less than five hundred gross tons, to be navigated in the open sea outside of a harbor or port, or for any ship of the United States or any foreign country, other than a cargo ship of less than five hundred gross tons, to leave or attempt to leave any harbor or port of the United States for a voyage in the open sea, unless such ship is equipped with an efficient radio installation in operating condition in charge of and operated by a qualified operator or operators, adequately installed and protected so as to insure proper operation, and so as not to endanger the ship and radio installation, as hereinafter provided, and in the case of a ship of the United States, unless there is on board

a valid station license issued in accordance with this Act: Provided, Exception. That the Commission may defer the application of the provisions of this section for a period not beyond January 1, 1955, with respect to cargo ships of less than sixteen hundred gross tons not subject to the radio requirements of the Safety Convention when it is found imprac- TIAS 2495. ticable to obtain or install equipment necessary for compliance therewith:

"(2) For any ship of the United States of sixteen hundred gross 1600 tons or tons, or over, to be navigated outside of a harbor or port, in the open over. sea, or for any such ship of the United States or any foreign country to

leave or attempt to leave any harbor or port of the United States for 68 Stat. 704.
a voyage in the open sea, unless such ship is equipped with an efficient 68 Stat. 705.
radio direction finding apparatus (radio compass) properly adjusted
in operating condition as hereinafter provided, which apparatus is

approved by the Commission: Provided, That the Commission may Exception.
defer the application of the provisions of this section with respect to
radio direction finding apparatus to a ship or ships between one
thousand six hundred and five thousand gross tons for a period
not beyond November 19, 1954, if it is found impracticable to obtain or
install such direction finding apparatus."

(b) Paragraph (3) of section 352 (a) of such Act is amended to 50 Stat.,192. read as follows:

47 USC 352.

"(3) A foreign ship belonging to a country which is a party to any Exempt vessels. Safety Convention in force between the United States and that country which ship carries a valid certificate exempting said ship from the radio provisions of that Convention, or which ship conforms to the radio requirements of such Convention or Regulations and has on board a valid certificate to that effect, or which ship is not subject to the radio provisions of any such Convention;".

(c) Section 352 of such Act is amended by adding at the end thereof 47 USC 352. a new subsection as follows:

"(c) If, because of unforeseeable failure of equipment, a ship is Equipment unable to comply with the equipment requirements of this part without failure. undue delay of the ship, the mileage limitations set forth in paragraphs (1) and (2) of subsection (b) shall not apply: Provided, That exemption of the ship is found to be reasonable or necessary in accordance with subsection (b) to permit the ship to proceed to a port where he equipment deficiency may be remedied."

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