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(f) Notwithstanding the provisions of section 2464 of title 28, United States Code, 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 species of designated tuna seized if the process has been levied, on receiving from the claimant of the species 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 offense, conditioned to deliver the species seized, if condemned, without impairment in value or, in the discretion of the court, to pay the equivalent value in money or otherwise to answer the decree of the court in such case. 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 species 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.

SEC. 10.o AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for fiscal years after fiscal year 1984 such sums as may be necessary to carry out this Act.

16 U.S.C. 972h.

d. Atlantic Tunas Convention Act of 1975, Appropriation Authorization

Partial text of Public Law 96–339 [S. 2549], 94 Stat. 1069, approved
September 4, 1980

AN ACT To authorize appropriations for fiscal years 1981, 1982, and 1983 for the Atlantic Tunas Convention Act of 1975, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. AMENDMENTS TO ATLANTIC TUNAS CONVENTION ACT OF

1975.

*

SEC. 2.1 OBSERVER PROGRAM REGARDING CERTAIN FOREIGN FISHING.

(a) DEFINITIONS.-As used in this section

(1) The term "Act of 1976" means the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.).

(2) The term "billfish" means any species of marlin, spearfish, sailfish or swordfish.

(3) The term "Secretary" means the Secretary of Commerce. (b) OBSERVER PROGRAM.-The Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel

(1) is in waters that are within

(A) the fishery conservation zone 2 established under section 101 of the Act of 1976, and

(B) the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas; and

(2) is taking or attempting to take any species of fish if such taking or attempting to take may result in the incidental taking of billfish.

The Secretary may acquire observers for such program through contract with qualified private persons.

(c) FUNCTIONS OF OBSERVERS.-United States observers, while aboard foreign fishing vessels as required under subsection (b), shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out this section.

(d) FISH.-There is imposed for each year after 1980 on the owner or operator or each foreign fishing vessel that, in the judg ment of the Secretary, will engage in fishing in waters described in subsection (b)(1) during that year which may result in the inci

116 U.S.C. 1827.

2The term "fishery conservation zone", as established in sec. 101 of the Magnuson Fishery Conservation and Management Act of 1976, was replaced with the term "exclusive economic zone", by sec. 101(cX2) of Public Law 99-659 (100 Stat. 3707).

dental taking of billfish a fee in an amount sufficient to cover all of the costs of providing an observer aboard that vessel under the program established under subsection (a). The fees imposed under this subsection for any year shall be paid to the Secretary before that year begins. All fees collected by the Secretary under this subsection shall be deposited in the Fund established by subsection (e). (e) FUND.-There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this section.3 The Fund shall consist of the fees deposited into it as required under subsection (d). All payments made by the Secretary to carry out this section shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.

(f) PROHIBITED ACTS. (1) It is unlawful for any person who is the owner or operator of a foreign fishing vessel to which this section applies

(A) to violate any regulation issued under subsection (g);

(B) to refuse to pay the fee imposed under subsection (d) after being requested to do so by the Secretary; or

(C) to refuse to permit an individual who is authorized to act as an observer under this section with respect to that vessel to board the vessel for purposes of carrying out observer functions.

(2) Section 308 of the Act of 1976 (relating to civil penalties) applies to any act that is unlawful under paragraph (1), and for purposes of such application the commission of any such act shall be treated as an act the commission of which is unlawful under section 307 of the Act of 1976.

(g) REGULATIONS.-The Secretary shall issue such regulations as are necessary or appropriate to carry out this section.

SEC. 3.4 REPORTS REGARDING BLUEFIN TUNA.

The Secretary of Commerce shall prepare, for each biennial period commencing with the period covering calendar years 1981 and 1982, and submit to the Congress a report setting forth, with respect to such biennial period

(1) the level of taking of bluefin tuna by United States fishermen in the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas;

(2) the status of bluefin tuna stocks within such Convention area and the trends in their population level; and

3The Department of Commerce Appropriations Act, 1995 (Public Law 103-317; 108 Stat. 1743), provided:

"FOREIGN FISHING OBSERVER FUND

"For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), the Magnuson Fishery Conservation and Management Act of 1976, as amended (Public Law 100-627) and the American Fisheries Promotion Act (Public Law 96-561), there are appropriated from the fees imposed under the foreign fishery observer program authorized by these Acts, not to exceed $400,000, to remain available until expended.".

4 16 U.S.C. 971i.

(3) related information resulting from the implementation of the observer program under section 2 of this Act.

The report required under this section shall be submitted to the Congress within sixty days after the close of the biennial period covered by the report. There are authorized to be appropriated such sums as may be necessary to carry out this section.

88-539

e. Atlantic Tunas Convention Act of 1975, as amended

Public Law 94-70 [H.R. 5522], 89 Stat. 385, approved August 5, 1975; as amended by Public Law 94-265 [Fishery Conservation and Management Act of 1976; H.R. 200], 90 Stat. 331 at 361, approved April 13, 1976; Public Law 95-33 [H.R. 6205], 91 Stat. 173, approved May 26, 1977; Public Law 96-339 [S. 2549], 94 Stat. 1069, approved September 4, 1980; Public Law 98-44 [S. 625], 97 Stat. 216, approved July 12, 1983; Public Law 99-659 [S. 991], 100 Stat 3706, approved November 14, 1986; and by Public Law 101627 [Fishery Conservation Amendments of 1990; H.R. 2061], 104 Stat. 4436, approved November 28, 1990

AN ACT To give effect to the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966,1 by the United States of America and other countries, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Atlantic Tunas Convention Act of 1975".

DEFINITIONS

SEC. 2.2 For the purpose of this Act—

(1) The term "Convention" means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United States.

(2) The term "Commission" means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention.

(3) The term "Council" means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention.

(4) The term "fisheries zone" means the waters included within a zone contiguous to the territorial sea of the United States, of which the inner boundary is a line coterminous with the seaward boundary of each coastal State, and the outer boundary is a line drawn in such a manner that each point on it is two hundred3 nautical miles from the baseline from which the territorial sea is measured; 4 or similar zones established by other parties to the Convention to the extent that such zones are recognized by the United States.

(5) The term "fishing" means the catching, taking, or fishing for, or the attempted catching, taking, or fishing for any spe

120 UST 2887; see boxnote page 2.

216 U.S.C. 971.

3 Sec. 2 of Public Law 95-33 (91 Stat. 173) struck out "200" and inserted the words "two hundred".

4 Sec. 405(a) of the Magnuson Fishery Conservation and Management Act of 1976 (Public Law 94-265) inserted the words to this point beginning with "the waters included within a zone." in lieu of: "the fisheries zone established pursuant to the Act of October 14, 1966 (80 Stat. 908; 16 U.S.C. 1091-1094),".

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