An Act to prohibit fishing in the territorial waters of the United States and in certain other areas by vessels other than vessels of the United States and by persons in charge of such vessels
PL 88-308 (S.1988), enacted 05/20/1964

194 
PUBLIC LAW 88-307-MAY 14, 1964 
[78 STAT. 
Public Law 88-307 
May 14, 1964 
[S. 1005] 
Communications 
Act of 1934, 
amendment. 
Nonbroadcast 
operations. 
74 Stat. 890. 
AN ACT 
To amend paragraph (2)((i) of subsection 309(e) of the Communications Act 
of 1934, as amended, by granting the Federal Comnuniications Commission addi-
tional authority to grant special temporary authorizations for sixty days for 
certain nonbroadcast operations. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled, Tliat paragraph 
f2) (G) of subsection 309(c) of the Communications Act of 1934, as 
amended (47 U.S.C. 309(c) (2) (G)), is amended to read as follows: 
"(G) a special temporary authorization for nonbroadcast operation 
not to exceed thirty days where no application for regular operation is 
contemplated to be filed or not to exceed sixty days pending the filing 
of an application for such regular operation, or". 
Approved May 14, 1964. 
May 20, 1964 
[S. 1988] 
Public Law 88-308 
AN ACT 
To prohibit fishing in the territorial waters of the United States and in certain 
other areas by vessels other than vessels of the United States and by persons 
in charge of such vessels. 
Fishing in terri-
torial waters of 
U.S. 
Prohibition. 
Secretary of 
Treasury. 
Authority. 
International 
organization en-
gaged in fishery 
research. 
Be it enacted by the Senate and House of Representatives 
of the 
Cnited States of America in Congress assemMed, That it is unlawful 
for any vessel, except a vessel of the United States, or for any master 
or other person in charge of such a vessel, to engage in the fisheries 
within the territorial waters of the United States, its territories and 
possessions and the Commonwealth of Puerto Rico, or within any 
waters in which the United States has the same rights in respect to 
fisheries as it has in its territorial waters or to engage in the taking of 
any Continental Shelf fishery resource which appertains to the LTnited 
States except as provided in this Act or as expressly provided by an 
international agreement to which the United States is a party. How-
ever, sixty days after written notice to the President of the Senate 
and the Speaker of the House of Representatives of intent to do so, 
the Secretary of the Treasury may authorize a vessel other than a 
vessel of the United States to engage in fishing for designated species 
within the territorial waters of the United States or within any 
waters in which the United States has the same rights in respect to 
fisheries as it has in its territorial waters or for resources of the Con-
tinental Shelf which appertain to the United States upon certification 
by the Secretaries of State and of the Interior that such permission 
would be in the national interest and upon concurrence of any State, 
Commonwealth, territory, or possession directly affected. 
The 
authorization in this section may be granted only after a finding by the 
Secretary of the Interior that the country of registry, documentation, 
or licensing extends substantially the same fishing privileges for a 
fishery to vessels of the United States. Notwithstanding any other 
provision of law, the Secretary of State, with the concurrence of the 
Secretaries of the Treasury and of the Interior, may permit a vessel, 
other than a vessel of the United States, owned or operated by an 
international organization of which the United States is a member, to 
engage in fishery research within the territorial waters of the United 
States or within any waters in which the United States has the same 
rights in respect to fisheries as it has in its territorial waters, or for 
Enforcement 
responsibility. 
78 STAT. ] 
PUBLIC LAW 88-308-MAY 20, 1964 
195 
i-esources of the Continental Shelf which appertain to the United 
States and to land its catch in a port of the United States in accord-
ance with such conditions as the Secretary may prescribe whenever 
they determine such action is in the national interest. 
SEC. 2. (a) Any person violating the provisions of this Act shall 
Penalties. 
be fined not more than $10,000, or imprisoned not more than one 
year, or both. 
(b) Every vessel employed in any manner in connection with a 
seizure pro-
violation of this Act including its tackle, apparel, furniture, appurte-
nances, cargo, and stores shall be subject to forfeiture and all fish taken 
or retained in violation of this Act or the monetary value thereof shall 
be forfeited. 
(c) All provisions of law relating to the seizure, summary and judi-
cial forfeiture, and condemnation of a vessel, including its tackle, 
apparel, furniture, appurtenances, cargo, and stores for violation of 
the customs laws, the disposition of such vessel, including its tackle, 
apparel, furniture, appurtenances, cargo, and stores or the proceeds 
from the sale thereof, and the remission or mitigation of such for-
feitures shall apply to seizures and forfeitures incurred, or alleged to 
have been incurred, under the provisions of this Act, insofar as such 
provisions of law^ are applicable and not inconsistent with the provi-
sions of this Act. 
SEC. 3. (a) Enforcement of the provisions of this Act is the joint 
responsibility of the Secretary of the Interior, the Secretary of the 
Treasury, and the Secretary of the Department in which the Coast 
Guard is operating. In addition, the Secretary of the Interior may 
designate officers and employees of the States of the United States, 
of the Commonwealth of Puerto Rico, and of any territory or pos-
session of the United States to carry out enforcement activities here-
under. When so designated, such officers and employees are author-
ized to function as Federal law enforcement agents for these purposes, 
but they shall not be held and considered as employees of the United 
States for the purposes of any laws administered by the Civil Service 
Commission. 
(b) The judges of the United States district courts, the judges of 
the highest courts of the territories and possessions of the United 
States, and United States commissioners may, within their respective 
jurisdictions, upon proper oath or affirmation showing probable cause, 
issue such warrants or other process, including warrants or other 
process issued in admiralty proceedings in Federal District Courts, as 
may be required for enforcement of this Act and any regulations issued 
thereunder. 
(c) Any person authorized to carry out enforcement activities here- „o^"^r°/''^'"^"* 
under shall have the power to execute any warrant or process issued 
by any officer or court of competent jurisdiction for the enforcement 
of this Act. 
(d) Such person so authorized shall have the power— 
(1) with or without a warrant or other process, to arrest any 
person committing in his presence or view a violation of this Act 
or the regulations issued thereunder; 
(2) with or without a warrant or other process, to search any 
vessel and, if as a result of such search he has reasonable cause to 
believe that such vessel or any person on board is in violation of 
any provision of this Act or the regulations issued thereunder, 
then to arrest such person. 
Warrants or 
other process 
issuance. 
powers. 
196 
PUBLIC LAW 88-308-MAY 20, 1964 
[78 STAT. 
Seizure and dis-
posal of fish. 
62 Stat. 974. 
Regulations. 
•'Continental 
Shelf fishery 
resource". 
Publication in 
F. R. 
Definitions. 
(e) Such person so authorized may seize any vessel, together with 
its tackle, apparel, furniture, appurtenances, cargo and stores, used 
or employed contrary to the provisions of this Act or the regulations 
issued hereunder or which it reasonably appears has been used or 
employed contrary to the provisions of this Act or the regulations 
issued hereunder. 
(f) Such person so authorized may seize, whenever and wherever 
lawfully found, all fish taken or retained in violation of this Act or 
the regulations issued thereunder. Any fish so seized may be disposed 
of pursuant to the order of a court of competent jurisdiction pursuant 
to the provisions of subsection (g) of this section, or if perishable, in 
a manner prescribed by regulations of the Secretary of the Treasury. 
(g) Notwithstanding the provisions of section 2464 of title 28 
when a warrant of arrest or other process in rem is issued in any cause 
under this section, the United States marshal or other officer shall 
discharge any fish seized if the process has been levied, on receiving 
from the claimant of the fish a bond or stipulation for the value of the 
fish with sufficient surety to be approved by a judge of the district court 
having jurisdiction of the offense, conditioned to deliver the fish seized, 
if condemned, without impairment in value or, in the discretion of 
the court, to pay its equivalent value in money or otherwise to answer 
the decree of the court in such cause. Such bond or stipulation shall 
be returned to the court and judgment thereon against both the prin-
cipal and sureties may be recovered in event of any breach of the con-
ditions thereof as determined by the court. In the discretion of the 
accused, and subject to the direction of the court, the fish 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. 4. The Secretaries of the Treasury and Interior are authorized 
jointly or severally to issue such regulations as they determine are 
necessary to carry out the provisions of this Act. 
SEC. 5. (a) As used in this Act, the term "Continental Shelf fishery 
resource" includes the living organisms belonging to sedentary species; 
that is to say, organisms w^iich, at the harvestable stage, either are 
immobile on or under the seabed or are unable to move except in con-
stant physical contact with the seabed or the subsoil of the Continental 
Shelf. 
(b) The Secretary of the Interior in consultation with the Secre-
tary of State is authorized to publish in the Federal Register a list of 
the species of living organisms covered by the provisions of subsection 
(a) of this section. 
(c) As used in this Act, the term "fisheries" means the taking, 
planting, or cultivation of fish, mollusks, crustaceans, or other forms 
of marine animal or plant life by any vessel or vessels; and the term 
"fish" includes mollusks, crustaceans, and all other forms of marine 
animal or plant life. 
(d) As used in this Act, the term "Continental Shelf" refers (a) 
to the seabed and subsoil of the submarine areas adjacent to the coast 
but outside the area of the territorial sea, to a depth of 200 meters or, 
beyond that limit, to where the depth of the superjacent waters admits 
of the exploitation of the natural resources of the said areas; (b) to 
the seabed and subsoil of similar submarine areas adjacent to the coasts 
of islands. 
Approved May 20, 1964.