Page:United States Statutes at Large Volume 85.djvu/341

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[85 STAT. 311]
PUBLIC LAW 92-000—MMMM. DD, 1971
[85 STAT. 311]

85 STAT. ]

311

PUBLIC LAW 92-87-AUG. 11, 1971

convention if a rejection is presented by another party to the convention, or within twenty days after receipt of a rejection received within the additional sixty-day period, whichever date shall be the later. The Secretary of the Department in which the United States Coast Guard is operating shall similarly inform the Secretary of State 'as to whether he considers that any such proposal relating to international measures of control or national measures of control should be rejected.". SEC. 105. Section 6 of the Act is amended by adding at the end thereof the following: "(c) I n the event that a proposal of the Commission does not come into effect because of a number of objections in accordance with the provisions of paragraph 7 of article VIII of the convention, the Secretary of State, with the concurrence of the Secretary of Commerce and the Secretary of the Department in which the C^oast Guard is operating, may nevertheless assent to giving effect to it on an agreed date by agreement with one or more of the parties to the convention, as provided for in that paragraph.". SEC. 106. Subsection (b) of section 7 of the Act is amended to read as follows: "(b) Enforcement activities under the provisions of this Act relating to vessels engaged in fishing and subject to the jurisdiction of the United States shall be primarily the responsibility of the Secretary of the Department in. which the Coast Guard is operating, in cooperation with the Secretary of Commerce. The Secretary of the Department in which the Coast Guard is operating, with the concurrence of the Secretary of Commerce, is authorized and directed to adopt such regulations as may be necessary to provide for national measures of control, and with the concurrence of the Secretary of Commerce and the Secretary of State, for international measures of control and to cooperate with the duly authorized enforcement officials of the Government of any party to the convention.". "SEC. 107. Section 7 of the Act is amended by adding at the end thereof the following: " (d) Except as otherwise provided in this Act, the duly authorized officials of any party to the convention shall have the same powders as Federal law-enforcement officers to enforce the provisions of the convention, or of this Act, or of the regulations of the Secretaries of Commerce and the Department in which the Coast Guard is operating, with respect to persons or vessels of the United States, pursuant to and to the extent authorized by international measures of control, and such officials are authorized to function as Federal law-enforcement officers for the purposes of this Act. Such powers shall include, only if and to the extent authorized in international measures of control, arrest of any person or search of any vessel subject to the jurisdiction of the United States, execution of any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of this Act, and seizure of any property. Unless such enforcement is authorized by the international measures of control or by agreement of the United States, such duly authorized officials shall not exercise these powers in that portion of the convention area in which the United States exercises the same exclusive rights in respect to fisheries as it has in the territorial sea except with regard to vessels of their own flag which may be entitled within such zone, by agreement with the United States, to (1) engage in the fisheries, or to (2) engage in activities in support of a foreign fishery fleet, or to (3) engage in the taking of any Continental Shelf fishery resource which appertains to the United States.

64 Stat. 1069, 16 USC 985.

1 UST 483.

Enforcement. 16 USC 986.

U.S. fishing vessels, inspection authority.