(d) The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under this Act. Any such court may, at any time (1) enter restraining orders or prohibitions; (2) issue warrants, process in rem or other process; (3) prescribe and accept satisfactory bonds or other security; and (4) take such other actions as are in the interest of justice. (e) When requested by the appropriate authorities of Canada, officers or employees of the Coast Guard, the National Oceanic and Atmospheric Administration or any other agency of the United States may be directed to attend as a witness, and to produce such available records and files or duly certified copies thereof as may be necessary for the prosecution in Canada of any violation of the Convention or any Canadian law relating to the enforcement there of. (f)(1) In cooperation with such other agencies as may be appropriate, the Secretary may conduct or cause to be conducted such law enforcement investigations as are deemed necessary to carry out the purposes of this Act. (2) For the purpose of all investigations which, in the opinion of the Secretary, are necessary and proper for the enforcement of this Act, the Secretary or any officer designated by him is empowered to administer oaths and affirmations, subpena1 witnesses, take evidence, and require the production of any books, papers, or other documents which the Secretary deems relevant or material to the inquiry. Such attendance of witnesses and the production of such documentary evidence may be required from any place in the United States at any designated place or hearing. (3) Process of the Secretary may be served by anyone duly authorized by him either (A) by delivering a copy thereof to the individual to be served, or to a member of the partnership to be served, or the president, secretary, or other executive officer or a director of the corporation to be served; or the agent designated for service of process; (B) by leaving a copy thereof at the residence or the principal office or place of business of such individual, partnership, or corporation; or (C) by mailing a copy thereof by registered or certified mail addressed to such individual, partnership, or corporation at his or its residence or principal office or place of business. The verified return by the individual so serving such complaint, order, or other process setting forth the manner of service shall be proof of same, and the returned post office receipt for such complaint, order, or other process mailed by registered or certified mail shall be proof of the service of the same. SEC. 12. [16 U.S.C. 773j] There is hereby authorized to be appropriated for fiscal year 1983 and beyond, such sums as may be necessary for carrying out the Convention and this Act, including— (a) necessary travel expenses of the United States Commissioners or alternate Commissioners; and 1 So in law. Probably should be "subpoena". (b) 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 section 262(b) of title 22, United States Code, insofar as it limits the authority of United States representatives to international organizations with respect to such commitments. SEC. 13. [16 U.S.C. 773k] There are hereby authorized to be appropriated such sums as may be necessary for the Secretary of State to provide for fiscal year 1983 and beyond, by contract, grant, or otherwise, facilities for office and any other necessary space for the Commission. Such facilities shall be located on or near the campus of the University of Washington in the State of Washington and shall be provided without regard to the cost-sharing provisions in the Convention. SEC. 14. The Northern Pacific Halibut Act of 1937, as amended (50 Stat. 325, 67 Stat. 494, 79 Stat. 902), is repealed as of the 90th day after the date of enactment of this Act: NORTH PACIFIC ANADROMOUS STOCKS CONVENTION ACT OF 1992 [Public Law 102–567, Approved Oct. 29, 1992, 106 Stat. 4309] [Amended through Public Law 106-562, Dec. 23, 2000] AN ACT To authorize appropriations for the National Oceanic and Atmospheric Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE VIII-NORTH PACIFIC ANADROMOUS STOCKS CONVENTION SEC. 801. [16 U.S.C. 5001 note] SHORT TITLE. This title may be cited as the "North Pacific Anadromous Stocks Act of 1992". SEC. 802. [16 U.S.C. 5001] PURPOSE. It is the purpose of this title to implement the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean, signed in Moscow, February 11, 1992. SEC. 803. [16 U.S.C. 5002] DEFINITIONS. As used in this title, the term— (1) "Anadromous stocks" means stocks of species listed in the Annex to the Convention that migrate into the Convention area. (2) "Anadromous fish" means fish of the species listed in the Annex to the Convention that migrate into the Convention area. (3) "Authorized officer" means a law enforcement official authorized to enforce this title under section 809(a). (4) "Commission" means the North Pacific Anadromous Fish Commission provided for by article VIII of the Convention. (5) "Convention" means the Convention for the Conservation of Anadromous Stocks of the North Pacific Ocean, signed in Moscow, February 11, 1992. (6) "Convention area" means the waters of the North Pacific Ocean and its adjacent seas, north of 33 degrees North Latitude, beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. (7) "Directed fishing" means fishing targeted at a particular species or stock of fish. (8) "Ecologically related species" means living marine species which are associated with anadromous stocks found in the Convention area, including, but not restricted to, both predators and prey of anadromous fish. |