Northern Pacific Halibut Act of 1982
PL 97-176 (S.2244), enacted 05/17/1982

96 STAT. 78 
PUBLIC LAW 97-176—MAY 17, 1982 
Public Law 97-176 
97th Congress 
May 17, 1982 
[S. 2244] 
Northern Pacific 
Halibut Act of 
1982. 
16 use 773 note. 
16 use 773. 
5 UST 5. 
U.S. 
eommissioners. 
16 use 773a. 
Term of office. 
An Act 
To give effect to the Protocol Amending the Convention for the Preservation of the 
Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Wash-
ington, March 29,1979. 
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 "Northern Pacific Halibut Act of 1982". 
SEC. 2. As used in this Act the term: 
(a) "Convention" means the Convention between the United 
States of America and Canada for the Preservation of the Halibut 
Fishery of the Northern Pacific Ocean and Bering Sea, signed at 
Ottawa, Canada on March 2, 1953, as amended by the Protocol 
Amending the Convention, signed at Washington March 29, 1979, 
and includes the regulations promulgated thereunder. 
(b) "Commission means the International Pacific Halibut Com-
mission provided for by article III of the Convention. 
(c) "Fishery conservation zone" means the fishery conservation 
zone of the United States established by section 101 of the Magnu-
son Fishery Conservation and Management Act of 1976 (16 U.S.C. 
1801 et seq.). 
(d) "Convention waters" means the maritime areas off the west 
coast of the United States and Canada described in article I of the 
Convention. 
(e) "Halibut" means fish of the species Hippoglossus stenolepis 
inhabiting Convention waters. 
(f) "Fishing vessel" means— 
(1) any vessel engaged in catching fish in Convention waters 
or in processing or transporting fish loaded in Convention 
waters; 
(2) any vessel outfitted to engage in any activity described in 
paragraph (1); or 
(3) any vessel in normal support of any vessel described in 
paragraph (1) or (2). 
(g) "Secretary" means the Secretary of Commerce. 
SEC. 3. (a) The United States shall be represented on the Commis-
sion by three United States Commissioners to be appointed by the 
President and to serve at his pleasure. The Commissioners shall 
receive no compensation for their services as Commissioners. Each 
United States Commissioner shall be appointed for a term of office 
not to exceed 2 years, but is eligible for reappointment. Any. United 
States Commissioner may be appointed for a term of less than 2 
years if such appointment is necessary to ensure that the terms of 
office of not more than two Commissioners will expire in any 1 
year. A vacancy among the United States Commissioners shall be 
filled by the President in the manner in which the original 
appointment was made, but any Commissioner appointed to fill a 
vacancy occurring before the expiration of the term for which the 
Commissioner's predecessor was appointed shall be appointed only 
for the remainder of such term. Of the Commissioners— 
PUBLIC LAW 97-176—MAY 17, 1982 
96 STAT. 79 
(1) one shall be an official of the National Oceanic and 
Atmospheric Administration; and 
(2) two shall be knowledgeable or experienced concerning the 
Northern Pacific halibut fishery; of these, one shall be a resi-
dent of Alaska and the other shall be a nonresident of Alaska. 
Of the three commissioners described in paragraphs (1) and (2), 
one shall be a voting member of the North Pacific Fishery 
Management Council. 
(3) Commissioners shall not be considered Federal employees 
except for the purposes of injury compensation or tort claims 
liability as provided in section 8101 of title 5, United States 
Code, et seq. and section 2671 of title 28, United States Code, et 
seq. Section 3(a) shall take effect on the 90th day after the date 
of enactment of the Act. 
(b) The Secretary of State, in consultation with the Secretary, 
may designate from time to time alternate United States Commis-
sioners to the Commission. An Alternate United States Commis-
sioner may exercise, at any meeting of the Commission, all powers 
and duties of a United States Commissioner in the absence of a 
duly designated Commissioner for whatever reason. The number of 
such alternate United States Commissioners that may be desig-
nated for any such meeting shall be limited to the number of 
authorized United States Commissioners that will not be present. 
SEC. 4. The Secretary of State, with the concurrence of the Secre-
tary, may accept or reject, on behalf of the United States, recom-
mendations made by the Commission in accordance with article III 
of the Convention and paragraphs 14 and 15 of the annex to the 
Convention. 
SEC. 5. (a) The Secretary shall have general responsibility to 
carry out the Convention and this Act. 
(b) In fulfilling this responsibility, the Secretary— 
(1) shall, in consultation with the Secretary of the depart-
ment in which the Coast Guard is operating, adopt such regu-
lations as may be necessary to carry out the purposes and 
objectives of the Convention and this Act; and 
(2) may, with the concurrence of the Secretary of State, coop-
erate with the duly authorized officials of the Government of 
Canada. 
(c) The Regional Fishery Management Council having authority 
for the geographic area concerned may develop regulations govern-
ing the United States portion of Convention waters, including lim-
ited access regulations, applicable to nationals or vessels of the 
United States, or both, which are in addition to, and not in conflict 
with regulations adopted by the Commission. Such regulations 
shall only be implemented with the approval of the Secretary, shall 
not discriminate between residents of different States, and shall be 
consistent with the limited entry criteria set forth in section 303 
(b)(6) of the Magnuson Fishery Conservation and Management Act. 
If it becomes necessary to allocate or assign halibut fishing privi-
leges among various United States fishermen, such allocation shall 
be fair and equitable to all such fishermen, based upon the rights 
and obligations in existing Federal law, reasonably calculated to 
promote conservation, and carried out in such manner that no par-
ticular individual, corporation, or other entity acquires an exces-
sive share of the halibut fishing privileges: Provided, That the 
Regional Council may provide for the rural coastal villages of 
Alaska the opportunity to establish a commercial halibut fishery in 
Effective date. 
Alternates. 
16 use 773b. 
16 use 773c. 
Duties. 
Regulations. 
16 u s e 1853. 
96 STAT. 80 
PUBLIC LAW 97-176—MAY 17, 1982 
Scientific and 
other programs, 
cooperation. 
16 u s e 773d. 
U.S. citizens, 
violations. 
16 u s e 773e. 
Penalty. 
16 u s e 773f. 
Review; notice of 
appeal. 
areas in the Bering Sea to the north of 56 degrees north latitude 
during a 3 vear development period. 
SEC. 6. Any agency of the Federal Government is authorized 
upon request of the Commission, to cooperate in the conduct of sci-
entific and other programs, and to furnish on a reimbursable basis, 
facilities and personnel for the purposes of assisting the Commis-
sion in carrying out its duties under the Convention. Such agency 
may accept reimbursement from the Commission. 
SEC. 7. It is unlawful— 
(a) for any person subject to the jurisdiction of the United 
States— 
(1) to violate any provision of the Convention, this Act or 
any regulation adopted under this Act; 
(2) to refuse to permit any enforcement officer to board a 
fishing vessel subject to such person's control for purposes 
of conducting any search or inspection in connection with 
the enforcement of the Convention, this Act or any regula-
tion adopted under this Act; 
(3) to forcibly assault, resist, oppose, impede, intimidate 
or interfere with any enforcement officer in the conduct of 
any search or inspection described in paragraph (2); 
(4) to resist a lawful arrest or detention for any act pro-
hibited by this section; 
(5) to ship, transport, offer for sale, sell, purchase, 
import, export or have custody, control or possession of, 
any fish taken or retained in violation of the Convention, 
this Act, or any regulation adopted under this Act; or 
(6) to interfere with, delay or prevent, by any means, the 
apprehension, arrest or detention of another person, know-
ing that such person has committed any act prohibited by 
this section. 
O
t
)
) for any foreign fishing vessel, and for the owner or opera-
tor of any foreign fishing vessel, to engage in fishing for hali-
but in the fishery conservation zone, unless such fishing is 
authorized by, and conducted in accordance with the Conven-
tion, this Act and regulations adopted under this Act. 
SEC. 8. (a) Any person who is found by the Secretary, after notice 
and opportunity for a hearing in accordance with section 554 of 
title 5, United States Code, to have committed an act prohibited by 
section 7 shall be liable to the United States for a civil penalty. 
The amount of the civil penalty shall not exceed $25,000 for each 
violation. Each day of a continuing violation shall constitute a sep*-
arate offense. The amount of such civil penalty shall be assessed 
by the Secretary, or his designee, by written notice. In determining 
the amount of such penalty, the Secretary shall take into account 
the nature, circumstances, extent, and gravity of the prohibited 
acts committed and, with respect to the violation, the degree of 
culpability, and history of prior offenses, ability to pay, and such 
other matters as justice may require. 
O
b
) Any person against whom a civil penalty is assessed under 
subsection (a) may obtain review thereof in the appropriate court of 
the United States by filing a notice of appeal in such court within 
30 days from the date of such order and by simultaneously sending 
a copy of such notice by certified mail to the Secretary and the 
Attorney General. The Secretary shall promptly file in such court 
a certified copy of the record upon which such violation was found 
or such penalty imposed, in accordance with rules prescribed pur-
PUBLIC LAW 97-176—MAY 17, 1982 
96 STAT. 81 
suant to section 2112 of title 28, United States Code. The findings 
and order of the Secretary shall be set aside by such court if they 
are not found to be supported by substantial evidence, as provided 
in section 706(2) of title 5, United States Code. 
(c) If any person fails to pay an assessment of a civil penalty 
after it has become a final and unappealable order, or after the 
appropriate court has entered final judgment in favor of the Secre-
tary, the Secretary shall refer the matter to the Attorney General 
of the United States, who shall recover the amount assessed in any 
appropriate district court of the United States. In such action, the 
validity and appropriateness of the final order imposing the civil 
penalty shall not be subject to review. 
(d) The Secretary may compromise, modify, or remit, with or 
without conditions, any civil penaltjr which is subject to imposition 
or which has been imposed under this section. 
SEC. 9. (a) A person is guilty of any offense if he commits an act 16 use 773g. 
prohibited by section 7(a) (2), (3), (4), or (6); or section 7(b). 
(b) Any offense described in subsection (a) is punishable by a fine 
of not more than $50,000 or imprisonment for not more than 6 
months, or both; except that if in the commission of any offense the 
person uses a dangerous weapon, engages in conduct that causes 
bodily injury to any officer authorized to enforce the provisions of 
this Act, or places any such officer in fear of imminent bodily 
injury the offense is punishable by a fine of not more than 
$100,000, or imprisonment for not more than 10 years or both. 
(c) There is Federal jurisdiction over any offense described in this 
section. 
SEC. 10. (a) Any fishing vessel (including its fishing gear, furni- Fishing vessel 
ture, appurtenances, stores, and cargo) used, and any fish taken or forfeiture t^u S 
retained, in any manner, in connection with or as a result of the le use 773h. 
commission of any act prohibited by section 7 shall be subject to 
forfeiture to the United States. All or part of such vessel may, and 
all such fish shall, be forfeited to the United States pursuant to a 
civil proceeding under this section. 
(b) Any district court of the United States shall have jurisdiction, 
upon application by the Attorney General on behalf of the United 
States, to order any forfeiture authorized under subsection (a) and 
any action provided for under subsection (d). 
(c) If a judgment is entered for the United States in a civil for-
feiture proceeding under this section, the Attorney General may 
seize any property or other interest declared forfeited to the United 
States, which has not previously been seized pursuant to this Act 
or for which security has not previously been obtained under sub-
section (d). The provisions of the customs laws relating to— 
(1) the disposition of forfeited property; 
(2) the proceeds from the sale of forfeited property; 
(3) the remission or mitigation of forfeitures; and 
(4) the compromise of claims; 
shall apply to any forfeiture ordered, and to any case in which for-
feiture is alleged to be authorized, under this section, unless such 
provisions are inconsistent with the purposes, policy, and provi-
sions of this Act. The duties and powers imposed upon the Commis-
sioner of Customs or other persons under such provisions shall, 
with respect to this Act, be performed by officers or other persons 
designated for such purpose by the Secretary. 
(dXD Any officer authorized to serve any process in rem which is 
issued by a court having jurisdiction under section 11(d) shall— 
96 STAT. 82 
PUBLIC LAW 97-176—MAY 17, 1982 
(A) stay the execution of such process; or 
(B) discharge any fish seized pursuant to such process; 
upon the receipt of a satisfactory bond or other security from any 
person claiming such property. Such bond or other security shall 
be conditioned upon such person delivering such property to the 
appropriate court upon order thereof, without any impairment of 
its value, or pa5dng the monetary value of such property pursuant 
to an order of such court. Judgment shall be recoverable on such 
bond or other security against both the principal and any sureties 
in the event that any condition thereof is breached, as determined 
by such court. 
(2) Any fish seized pursuant to this Act may be disposed of pursu-
ant to the order of a court of competent jurisdiction or, if perisha-
ble, in a manner prescribed by regulations of the Secretary or the 
Secretary of the department in which the Coast Guard is operating. 
(e) For purposes of this section, it shall be a rebuttable presump-
tion that all fish found on board a fishing vessel which is seized in 
connection with an act prohibited by section 7 were taken or 
retained in violation of the Convention and this Act. 
16 use 773i. 
SEC. 11. (a) The Convention, this Act, and any regulation adopted 
under this Act, shall be enforced by the Secretary and the Secre-
tary of the department in which the Coast Guard is operating. 
Such Secretaries may, by agreement, on a reimbursable basis or 
otherwise, utilize the personnel, services, equipment (including air-
craft and vessels), and facilities of any other Federal agency, and of 
any State agency, in the performance of such duties. 
(b) Any officer who is authorized by the Secretary, the Secretary 
of the department in which the Coast Guard is operating, or the 
head of any Federal or State agency which has entered into an 
agreement with such Secretaries under subsection (a) to enforce 
the Convention, this Act or any regulation adopted under this Act 
m a y -
C
D with or without a warrant or other process— 
(A) arrest any person, if he has reasonable cause to 
believe that such person has committed an act prohibited 
by section 7; 
(B) board, and search or inspect, any fishing vessel 
which is subject to this Act; 
(C) at reasonable times enter, and search or inspect, 
shoreside facilities in which fish taken subject to this Act 
are processed, packed or held; 
(D) seize any fishing vessel (together with its fishing 
gear, furniture, appurtenances, stores, and cargo) used or 
employed in, or with respect to which it reasonably 
appears that such vessel was used or employed in, an act 
prohibited by section 7; 
(E) seize any fish (wherever found) taken or retained in 
the course of an act prohibited by section 7, or the pro-
ceeds of the sale of such fish; and 
(F) seize any other evidence related to an act prohibited 
by section 7; 
(2) execute any warrant or other process issued by any court 
of competent jurisdiction; and 
(3) exercise any other lawful authority. 
Citations. 
(c) If any officer authorized to enforce this Act (as provided for in 
this section) finds that a fishing vessel is operating or has been 
operated in the commission of an act prohibited by section 7, such 
PUBLIC LAW 97-176—MAY 17, 1982 
96 STAT. 
officer may, in accordance with regulations issued jointly by the 
Secretary and the Secretary of the department in which the Coast 
Guard is operating, issue a citation to the owner or operator of 
such vessel in lieu of proceeding under subsection (b). If a permit 
has been issued pursuant to this Act for such vessel, such officer 
shall note the issuance of any citation under this subsection, 
including the date thereof and the reason therefor, on the permit. 
The Secretary shall maintain a record of all citations issued pursu-
ant to this subsection. 
(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 
thereof. 
(f)(1) In cooperation with such other agencies as may be appropri-
ate, 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, subpena witnesses, take evi-
dence, 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 serv-
ice of process; 
(B) by leaving a copy thereof at the residence or the princi-
pal 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. 
Jurisdiction. 
Investiga-
tions. 
96 STAT. 84 
PUBLIC LAW 97-176—MAY 17, 1982 
Appropriation 
authorization. 
16 u s e 773j. 
22 u s e 262b. 
Appropriation 
authorization. 
16 u s e 773k. 
Repeal. 
16 u s e 772-772J. 
SEC. 12. There is hereby authorized to be appropriated for fiscal 
year 1983 and beyond, such sums as may be necessary for carrying 
out the Ck)nvention and this Act, including— 
(a) necessary travel expenses of the United States Commis-
sioners or alternate Commissioners; and 
(b) the United States share of the joint expenses of the Com-
mission: Provid&i, 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. 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, facili-
ties for office and any other necessary space for the Commission. 
Such facilities shall be located on or near the campus of the Uni-
versity 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. 
Approved May 17, 1982. 
LEGISLATIVE HISTORY-S. 2244: 
SENATE REPORT No. 97-323 (Comm. on eommerce, Science, and Transportation). 
eONGRESSIONAL RECORD, Vol. 128 (1982): 
Apr. 22, considered and passed Senate. 
May 4, considered and passed House.