An Act to amend the act of August 27, 1954 (commonly known as the Fishermen's Protective Act) to conserve and protect Atlantic salmon of North American origin
PL 92-219 (H.R.3304), enacted 12/23/1971

786 
PUBLIC LAW 92-219-DEC. 23, 1971 
[85 STAT. 
Ante, 
p . 783. 
(c) Notwithstanding the provisions of subsection (a), members of 
the National Cancer Advisory Board (authorized under section 41 OB 
of the Public Health Service Act, as added by this Act) may be 
appointed, in the manner provided for in such section, at any time after 
the date of enactment of this Act. Such officers shall be compensated 
from the date thev first take office, at the rates provided for in such 
section-llOB. 
Approved December 23, 1971. 
December 23, 1971 
[H. R. 3304] 
Public Law 92-219 
AN ACT 
To amend the Fishermen's Protective Act of 1967 to enhance the effectiveness of 
international fishery conservation programs. 
Fishermen's 
Protective Act 
of 1967, amend-
ment. 
22 u s e 1971 
note. 
Fishery 
products, importa-
tion restriction. 
Pt s. 
61 Stat. 
5,.6 . 
Notification to 
Congress. 
Penalties. 
Forfeiture. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Fishermen's 
Protective Act of 1967 (68 Stat. 883. as amended; 82 Stat. 729), is 
amended by inserting- at the end thereof the following new section: 
"SEC. 8. (a) When the Secretary of Commerce determines that 
nationals of a foreign country, directly or indirectly, are conducting 
fishing operations in a manner or under circumstances which diminish 
the effectiveness of an international fishery conservation program, 
the Secretary of Commerce shall certify such fact to the President. 
Upon receipt of such certification, the President may direct the Secre-
tary of the Treasury to prohibit the bringing or the importation into 
the United States of fish products of the offending country for such 
duration as he determines appropriate and to the extent that such 
prohibition is sanctioned by the General Agreement on Tariffs and 
Trade. 
" (b) Within sixty days following certification by the Secretary of 
Commerce, the President shall notify the Congress of any action taken 
by him pursuant to such certification. In the event the President fails 
to direct the Secretary of the Treasury to prohibit the importation 
of fish products of the offending country, or if such prohibition does 
not cover all fish products of the offending country, the President shall 
inform the Congress of the reasons therefore. 
"(c) It shall be unlawful for any person subject to the jurisdiction 
of the United States knowingly to bring or import into, or cause to be 
imported into, the United States any fish products prohibited by the 
Secretary of the Treasury pursuant to this section. 
"(d) (1) Any person violating the provisions of this section shall 
be fined not more than $10,000 for the first violation, and not more 
than $25,000 for each subsequent violation. 
"(2) All fish products brought or imported into the United States 
in violation of this section, or the monetary value thereof, may be 
forfeited. 
"(3) All provisions of law relating to the seizure, judicial for-
feiture, and condemnation of a cargo for violation of the customs 
laws, the disposition of such cargo or the proceeds from the sale 
85 STAT. ] 
PUBLIC LAW 92-219-DEC. 23, 1971 
787 
thereof, and the remission or mitigation of such forfeitures shall apply 
to seizures and forfeitures incurred, or alleged to have been incurred, 
under the provisions of this section, insofar as such provisions of 
law are applicable and not inconsistent with this section. 
"(e) (1) Enforcement of the provisions of this section prohibiting 
Enforcement. 
the bringing or importation of fish products into the United States 
shall be the responsibility of the Secretary of the Treasury. 
"(2) The judges of the L'inited States district courts, and United 
States commissioners niay, within their respective jurisdictions, upon 
proper oath or affirmation showing probable cause, issue such war-
rants or other process as may be required for enforcement of this Act 
and regulations issued thereunder. 
"(3) Any person authorized to carry out enforcement activities 
hereunder shall have the power to execute any warrant or process 
issued by any officer or court of competent jurisdiction for the enforce-
ment of this section. 
" (4) Such person so authorized shall have the power— 
"(A) with or without a warrant or other process, to arrest any 
persons subject to the jurisdiction of the United States commit-
ting in his presence or view a violation of this section or the 
regulations issued thereunder; 
"(B) with or without a warrant or other process, to search any 
vessel subject to the jurisdiction of the United States, and, if as 
a result of such search he has reasonable cause to believe that 
such vessel or any person on board is eiigaging in operations in 
violation of this section or the regulations issued thereunder, then 
to arrest such person. 
" (5) Such person so authorized, may seize, whenever and wherever 
lawfully found, all fish products brought or imported into the United 
States in violation of this section or the regulations issued thereunder. 
Any fish products so seized may be disposed of pursuant to the order 
of a court of competent jurisdiction, or, if perishable, in a manner 
prescribed by regulations promulgated by the Secretary of the Treas-
ury after consultation with the Secretary of Health, Education, and 
Welfare. 
"(f) The Secretary of the Treasury is authorized to prescribe such 
Regulations. 
regulations as he determines necessary to carry out the provisions of 
this section. 
"(g) As used in this section— 
Definitions. 
"(1) The term 'person' means any individual, partnership, corpora-
tion, or association. 
"(2) The term 'United States', when used in a geographical sense, 
means the continental United States, xilaska, Hawaii, Puerto Rico, 
and the United States Virgin Islands. 
"(3) The term 'international fishery conservation program' means 
any ban, restriction, regulation, or other measure in force pursuant to 
a multilateral agreement to which the United States is a signatory 
party, the purpose of which is to conserve or protect the living 
resources of the sea. 
"(4) The term 'fish products' means fish and marine mammals and 
all products thereof taken by fishing vessels of an offending country 
whether or not packed, processed, or otherwise prepared for export in 
such country or within the jurisdiction thereof," 
Approved December 23, 1971. 
75-432 O - 72 - 52