An Act to amend the North Pacific Fisheries Act of 1954, and for other purposes
PL 92-471 (H.R.9501), enacted 10/09/1972

784 
PUBLIC LAW 92-471-OCT. 9, 1972 
[86 STAT. 
October 9, 1972 
[H. R. 9501] 
North Pacific 
Fisheries Act of 
1954, amendments. 
68 Stat. 698. 
16 use 1026. 
4 UST 380. 
Regulations. 
Restricted 
fishing areas. 
16 u s e 1027. 
Enforcement. 
Regulations. 
,ni}X.nri.[4!i :••• 
16 u s e 1028. 
Unlawful acts. 
16 u s e 1029. 
Public Law 92-471 
AN ACT 
To amend the North Pacific Fisheries Act of 1954, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
TITLE I—AMENDMENT OF THE NORTH PACIFIC 
F I S H E R I E S ACT OF 1954 
SEC. 101. The North Pacific Fisheries Act of 1954 (hereinafter in 
this title referred to as the "Act") is amended by redesignating section 
7 as section 8 and by inserting immediately after section 6 the follow-
ing new section: 
"SEC. 7. The Secretary of Commerce is authorized and directed 
to administer and enforce all the provisions of the Convention, this 
Act, and regulations issued pursuant thereto, except to the extent 
otherwise provided for in this Act. In carrying out such functions 
he is authorized and directed to adopt such regulations as may be 
necessary to carry out the purposes and objectives of the Convention 
and this Act, and, with the concurrence of the Secretary of State, 
he may cooperate with the duly authorized officials of the government 
of any party to the Convention. He shall adopt such regulations on 
consultation with the United States Section and they shall apply only 
to stocks of fish in the Convention area north of the parallel of north 
latitude of 48 degrees and 30 minutes. No such regulations shall apply 
in the Convention area south of the 49th parallel of noi-tli latitude 
with respect to sockeye salmon (Oncorhynchus nerka) or pink salmon 
(Oncorhynchus gorbuscha).". 
SEC. 102. Section 8 of the Act is amended— 
'' --c.u|t|r^. 
(1) by i-edesignating such section as section 9: 
(2) by redesignating subsections (a), (b), (c), and (d), as 
subsections (b), (c), (d), and (e), respectively; 
(3) by striking out "subsection (a)" each place it appears in 
'i 
subsections (c), (d), and (e), as so redesignated by paragraph 
(1) of this section, and inserting in lieu thereof at each such 
place "subsection (b)"; and 
(4) by inserting immediately after "SEC. 9.". as so redesignated 
by paragraph (1) of this section, the following new subsection: 
"(a) Enforcement activities under the provisions of this Act relat-
ing 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 cooper-
ation with the Secretary of Commerce. The Secretary of the Depart-
ment in which the Coast Guard is operating, with the concurrence of 
the Secretary of Commerce and the Secretary of State, is authorized 
to adopt such regulations as may be necessary to provide for proce-
dures and methods of enforcement pursuant to articles 9 and 10 of the 
Convention.". 
SEC. 103. Section 9 of the Act is redesignated as subsection (f) of 
section 9, as so redesignated by paragraph (1) of section 102 of this 
title. 
SEC. 104. Section 10 of the Act is amended— 
(1) by redesignating subsections (a), (b), (c), (d), and (e) 
as subsections (b), (c), (d), (e), and (f), respectively; 
(2) by striking out "subsection (a)" each place it appears in 
subsection (c), as so redesignated by paragraph (1) of this sec-
tion, and inserting in lieu thereof at each place "subsection (b)"; 
86 STAT. ] 
PUBLIC LAW 92-471-OCT. 9, 1972 
785 
(3) by inserting immediately after "SE(^,. 10." the followinij; new 
es stat. 699. 
subsection: 
^ 
^ 
- 
le use 1029. 
"(a) It shall be unlawful for any person subject to the jurisdiction 
of the United States to engage in fishmg in violation of any regulation 
, 
adopted pursuant to this Act or of any order of a court issued pursuant 
to section 11 of this Act; to ship, transport, purchase, sell, offer for 
sale, import, export, or have in custody, possession, or control any 
fish taken or retained in violation of any such regulation or order; to 
fail to make, keep, submit, or furnish any record or report required 
of him by such regulation, or to refuse to permit any officer authorized 
to enforce such regulations to inspect such record or report at any 
reasonable time."; and 
(4) by adding at the end thereof the following new subsection: 
* •" *-£ ' -
"(g) It shall be unlawful for any person or vessel subject to the 
jurisdiction of the United States to do any act prohibited or fail to 
do any act required by any regulation adopted pursuant to this Act."'. 
SEC. 105. Section 11 of the Act is amended--- 
penalties. 
(1) by striking out "subsection (a)^ (b), or (c)" in subsection 
^^ ^^^ ^°^°* 
(a) of such section and inserting in lieu thereof "subsection (b), 
(c),or(d)"; 
(2) by striking out "subsection (d)" in subsection (b) of such 
section and inserting in lieu thereof "subsection (e)"; 
(3) by striking out "subsection (e)" in subsection (c) of such 
section and inserting in lieu thereof "subsection (f)*'; and 
(4) by amending subsection (d) of such section to read as 
follows: 
J
H
T -
J ,aru 
"(d) Any person violating any other provision of this Act or any 
I'egulation adopted pui'suant to this Act, upon conviction, shall be fined 
for a first offense not more than $500 and for a subsequent offense 
committed within five years not more than $1,000 and for such subse-
(i|uent offense the court may order forfeited, in whole or in part, the 
fish taken by such per-son, or the fishing gear involved in such fishing, 
or both, or the monetarj^ value thereof. Such forfeited fish or fishing 
gear shall be disposed of in accordance with the direction of the court.". 
SEC. 106. Section 12 of the Act is amended to read as follows: 
Arrest, enforce-
"SEC. 12. (a) Any duly authorized enforcement officer or employee '^^l]}'^^"?!!^^^^ 
,. 1 
-r-\ 
(•/-> 
/-N 
/
-
i
i
m 
-r^ • 
1 seizure authority. 
or the Department 01 Commerce; any Coast Guard oliicer; any 1 nited 
68 stat. 700; 
States marshal or deputy United States marshal; any customs officer; ^\6*usc\o*3i 
and any other person authorized to enforce the provisions of the Con-
vention, this Act, and the regulations issued pursuant thereto, shall 
have power without warrant or other process to arrest any person 
subject to the jurisdiction of the United States committing in his 
presence or view a violation of the Convention or of this Act, or of 
the regulations issued pursuant thereto, and to take such person imme-
diately for examination before a justice or judge or any other official 
designated in section 3041 of title 18 of the United States Code; and 82"taS^Vn5^' 
shall have power, without warrant or other process, to search any 
vessel subject to the jurisdiction of the United States when he has 
reasonable cause to believe that such vessel is engaging in fishing in 
violation of the provisions of the Convention or this Act, or the regu- 
4 UST aso. 
lations issued pursuant thereto. Any person authorized to enforce the 
provisions of the Convention, this Act, or the regulations issued pursu-
ant thereto, shall have power to execute any warrant or process issued 
by an officer or court of competent jurisdiction for the enforcement 
of this Act, and shall have power with a search warrant to search 
any vessel, vehicle, person, or place at any time. The judges of the 
TTnited States district courts and the T^^nited States magistrates may. 
786 
PUBLIC LAW 92-471-OCT. 9, 1972 
[86 STAT. 
4 UST 380. 
62 Stat. 974. 
Ante, p. 784. 
68 Stat. 701, 
16 u s e 1032. 
U.S. Commis-
sioners. 
16 u s e 1022. 
within their respective jurisdictions, upon jjroper oath oi- affiimation 
showing probable cause, issue warrants in all such cases. Any person 
authorized to enforce the provisions of the Convention, this Act, or 
the regulations issued pursuant thereto may, except in the case of a 
first offense, seize, whenever and wherever lawfully found, all fish 
taken or retained, and all fishing gear involved in fishing, contrary to 
the provisions of the Convention or this Act or to regulations issued 
pursuant thereto. Any property so seized shall not be disposed of except 
l)ursuant to the order of a court of competent jurisdiction or the provi-
sions of subsection (b) of this section, or, if perishable, in the manner 
prescribed by regulations of the Secretary of Commerce. 
"(b) Notwithstanding the provisions of section 2464 of title 28, 
("'nited States Code, w^hen a warrant of arrest or other process in rem 
is issued in any cause under this section, the marehal or other officer 
shall stay the execution of such process, or discharge any property 
.seized if the process has been levied, on receiving from the claimant 
of the property a bond or stipulation for double the value of the 
[)roperty with sufficient surety to be approved by a judge of the 
district court having jurisdiction of the offense, conditioned to deliver 
the property 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 principal and sureties may be recovered in event of 
any breach of the conditions thereof as determined by the court.". 
SEC. 107. (a) In subsection (b) of section 9 of the Act, as so 
i-edesignated by section 102 of this title, strike out "Coast Guard in 
cooperation with the Fish and Wildlife Service and the Bureau of 
Customs" and insert in lieu thereof "Secretary of the Department in 
which the Coast Guard is operating, in cooperation with the Secretary 
of Commerce and the Secretary of the Treasury". 
(b) In subsections (c) and (e) of section 9 of the Act, as so 
redesignated by section 102 of this title, strike out "Fish and Wildlife 
Service" and insert in lieu thereof "Department of Commerce". 
(c) In subsection (f) of section 9 of the Act, as so redesignated by 
section 103 of this title, and in subsection (b) of section 13 of such 
Act, strike out "Secretary of the Interior" and insert in lieu thereof 
"Secretary of Commerce". 
SEC. 108. (a) Section 3 of the Act is amended to read as follows: 
"SEC. 3. (a) The United States shall be represented on the Commis-
sion by not more than four United States Commissioners to be 
appointed by the President and to serve at his pleasure; except that 
after Januarys 1, 1973, (1) each United States Commissioner shall be 
jippointed for a term of office of not to exceed four years, but is eligible 
for reappointment; and (2) any United States Commissioner may be 
appointed for a lesser term if necessary to insure that the term of office 
of not more than one Commissioner will expire in any one vear. Of 
such Commissioners, who shall receive no compensation for their 
services as Commissioners, one shall be an official of the United States 
Government, and each of the others shall be a person residing in a 
State, the residents of which maintain a substantial fishery in the 
Convention area. 
"(b) The Secretary of State, in consultation with the Secretary of 
Commerce, may designate from time to time Alternate United States 
Commissioners to the Commission. An Alternate United States Com-
missioner may exercise, at any meeting of the Commission or of the 
TTnited States Section or of the Advisory Committee established pur-
86 STAT.] 
PUBLIC LAW 92-471-OCT. 9, 1972 
787 
suant to section 4, all powers and duties of a United States Commis-
sioner in the absence of a duly designated Commissioner for whatever 
reason. The number of such Alternate United States Commissionei-s 
that may be designated for any such meeting shall be limited to the 
number of authorized United States Commissioners that will not be 
present.". 
(b) The second sentence of section 4(d) of the Act is amended by 
striking out "may" and inserting in lieu thereof "shall". 
(c) Section 5 of the Act is repealed. 
(d) Section 13(a) (1) of the Act is amended by inserting immedi-
ately after "Commissioners" the following: "or Alternate Commis-
sioners". 
68 Stat, 698. 
16 u s e 1023. 
Repeal. 
16 u s e 1024. 
16 use 1032. 
TITLE II—ALTERNATE COMMISSIONERS 
SEC. 201. In order to insure appropriate representation at meetings 
of international fisheries commissions, the Secretary of State, in con-
sultation with the Secretary of Commerce or of the Interior as appro-
priate may designate from time to time Alternate United States 
Commissioners to the North Pacific Fur Seal Commission, the Inter-
American Tropical Tuna Commission, the International 
Pacific 
Halibut Commission, the Great Lakes Fishery Commission, the Inter-
national Whaling Commission, the Commission for the Conservation 
of Shrimp in the Eastern Gulf of Mexico, the International Commis-
sion for the Conservation of Atlantic Tunas, and any similar commis-
sion (other than the International Commission for the Northwest 
Atlantic Fisheries and the International North Pacific Fisheries Com-
mission) established pursuant to a convention between the United 
States and other governments. Alternate United States Commissioners 
may exercise, at any meeting of the respective Commission or of the 
United States Section thereof, 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 Com-
missioners that may be designated for any such meeting shall be 
limited to the number of authorized United States Commissioners that 
will not be present. In the event that there are Deputy United States 
Commissioners pursuant to the convention or statute, such Deputy 
United States Commissioners shall have precedence over any Alternate 
Commissioners so designated pursuant to this title. 
SEC. 202. Alternate United States Commissioners shall receive no 
compensation for their services. They may be paid travel expenses and 
per diem in lieu of subsistence at the rates authorized by section 5703 
of title 5, United States Code, when engaged in the performance of 
their duties. 
SEC. 203. (a) Section 5 of the Great Lakes Fisheries Act of 1956 
(1() U.S.C. 934) is repealed. 
(b) Section 5 of the Tuna Conventions Act of 1950 (IG U.S.C. 
954) is repealed. 
Approved October 9, 1972. 
eompensation. 
80 Stat. 499; 
83 Stat. 190. 
Repeals. 
70 Stat. 243. 
64 Stat. 778.