An Act to amend the Act of September 7, 1950, to extend the regulatory authority of the Federal and State agencies concerned under the terms of the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington May 31, 1949, and for other purposes
PL 87-814 (S.2568), enacted 10/15/1962

76 STAT.] 
PUBUC LAW 87-814-OCT. 15, 1%2 
923 
Public Law 87-814 
AN ACT 
To amend the Act of September 7, WSO, to extend the regulatory authority of 
the Federal and State agencies concerned under the terms of the Convention 
for the Establishment of an Inter-American Tropical Tuna Commission, signed 
at Washington May 31, 1949, and for other purposes. 
October 15, 1962 
[S. 2568] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 2 of the 
Act entitled "Tuna Conventions Act of 1950" (16 U.S.C. 951) is 
amended by repealing subsection (e) in its entirety and substituting 
therefor a new subsection (e) as follows: 
"(e) 'United States' shall include all areas under the sovereignty 
of the United States, the Trust Territory of the Pacific Islands, and 
the Canal Zone." 
SEC. 2. Section 6 of the Act entitled "Tuna Conventions Act of 1950" 
(16 U.S.C. 955) is amended by striking out the phrase "head of the 
enforcement agency" where it appears once each in subsections (a) 
and (b) and inserting in lieu thereof in both places the term "Secre-
tary of the Interior," and by adding a new subsection (c) immediately 
following subsection (b), as follows: 
"(c) Regulations required to carry out recommendations of the 
commission made pursuant to paragraph 5 of article I I of the Con-
vention for the Establishment of an Inter-American Tropical Tuna 
Commission shall b3 promulgated as hereinafter provided by the Sec-
retary of the Interior upon approval of such recommendations by the 
Secretary of State and the Secretary of the Interior. 
The Secretary 
of the Interior shall cause to be published in the Federal Register a 
general notice of proposed rulemaking and shall afford interested 
persons an opportunity to participate in the rulemaking through (1) 
submission of written data, views, or arguments, and (2) oral presenta-
tion at a public hearing. 
Such regulations shall be published in the 
Federal Register and shall be accompanied by a statement of the 
considerations involved in the issuance of the regulations. 
After 
publication in the Federal Register such regulations shall be appli-
cable to all vessels and persons subject to the jurisdiction of the United 
States on such date as the Secretary of the Interior shall prescribe, but 
in no event prior to an agreed date for the application by all countries 
whose vessels engage in fishing for species covered by the convention 
in the regulatory area on a meaningful scale in terms of effect upon 
the success of the conservation program, oi effective measures for 
the implementation of the commission's recommendations applicable 
to all vessels and persons subject to their respective jurisdictions. 
The 
Secretary of the Interior shall suspend at any time the application of 
any such regulations when, after consultation with the Secretary of 
State and the United States Commissioners, he determines that foreign 
fishing operations in the regulatory area are such as to constitute a 
serious threat to the achievement of the objectives of the commis-
sion's recommendations. 
The regulations thus promulgated may 
include the selection for regulation of one or more of the species 
covered by the convention; the division of the convention waters into 
areas; the establishment of one or more open or closed seasons as to 
each area; the limitation of the size of the fish and quantity of the 
catch which may be taken from each area within any season during 
which fishing is allowed; the limitation or prohibition of the incidental 
catch of a regulated species which may be retained, taken, possessed, 
or landed by vessels or persons fishing for other species of fish; the 
requiring of such clearance certificates for vessels as may be necessary 
to carry out the purposes of the convention and this Act; and such 
other measures incidental thereto as the Secretary of the Interior may 
Tuna Conven-
tions Act of 1950, 
amendment. 
64 Stat. 777. 
"United S t a t e s . " 
Regulations. 
1 UST 230. 
Publication in 
. R. 
Applicability. 
924 
PUBLIC LAW 87-814~OCT. 15, 1962 
[76 STAT. 
deem necessary to implement the recommendations of the commission: 
Provided^ That upon the promulgation of any such regulations the 
Secretary of the Interior shall promulgate additional regulations, with 
the concurrence of the Secretary of State, which shall become effective 
simultaneously with the application of the regulations hereinbefore 
referred to (1) to prohibit the entry into the United States, from any 
country when the vessels of such country are being used in the conduct 
of fishing operations in the regulatory area in such manner or in such 
circumstances as would tend to diminish the effectiveness of the con-
servation recommendations of the commission, of fish in any form of 
those species which are subject to regulation pursuant to a recom-
mendation of the commission and which were taken from the regula-
tory area; and (2) to prohibit entry into the United States, from any 
country, of fish in any form of those species which are subject to 
regulation pursuant to a recommendation of the commission and 
which were taken from the regulatory area by vessels other than those 
of such country in such manner or in such circumstances as would 
tend to diminish the effectiveness of the conservation recommenda-
tions of the commission. 
In the case of repeated and flagrant fishing 
operations in the regulatory area by the vessels of any country which 
seriously threaten the achievement of the objectives of the com-
mission's recommendations, the Secretary of the Interior, with the 
concurrence of the Secretary of State, may, in his discretion, also 
prohibit the entry from such country of such other species of tuna, 
in any form, as may be under investigation by the copimission and 
which were taken in the regulatory area. 
The aforesaid prohibitions 
shall continue until the Secretary of the Interior is satisfied that the 
condition warranting the prohibition no longer exists, except that all 
fish in any form of the species under regulation which were previously 
prohibited from entry shall continue to be prohibited from entry." 
SEC. 3. Section 7 of the Act entitled "Tuna CJonventions Act of 
64 Stat. 778. 
1950" (16 U.S.C. 956) is amended by deleting the section in its 
entirety and substituting in lieu thereof the following: 
"SEC. 7. Any person authorized to carry out enforcement activi-
ties under this Act and any person authorized by the commissions 
shall have power without warrant or other process, to inspect, at any 
reasonable time, catch returns, statistical records, or other reports as 
are required by regulations adopted pursuant to this Act to be made, 
kept, or furnished." 
Violation.. 
oEC. 4. Scction 8 of the Act entitled "Tuna Conventions Act of 
1950" (16 U.S.C. 957) is amended by deleting the section in its entirety 
and substituting in lieu thereof the following: 
"SEC. 8. (a) It shall be unlawful for any master or other person 
in charge of a fishing vessel of the United States to engage in fishing 
in violation of any regulation adopted pursuant to section 6(c) of 
Ante, p. 923. 
this Act, OF foF any person knowingly 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 such regulations. 
"(b) It shall be unlawful for the master or any person in charge 
of any fishing vessel of the United States or any person on board 
such vessel to fail to make, keep, or furnish any catch returns, statis-
tical records, or other reports as are required by regulations adopted 
pursuant to this Act to be made, kept, or furnished; or to fail to stop 
upon being hailed by a duly authorized official of the United States; 
or to refuse to permit the duly authorized officials of the United States 
or authorized officials of the commissions to board such vessel or 
inspect its catch, equipment, books, documents, records, or other 
articles or question the persons on board in accordance with the pro-
visions of this Act, or the convention, as the case may be. 
76 STAT.] 
PUBUC LAW 87-814-OCT. 15, 1962 
925 
"(c) It shall be unlawful for any person to import, in violation of 
any regulation adopted pursuant to section 6(c) of this Act, from 
any country, any fish in any form of those species subject to regula-
tion pursuant to a recommendation of the commission, or anv tuna 
in any form not under regulation but under investigation by the 
commission, during the period such fish have been denied entry in 
accordance with the provisions of section 6(c) of this Act. 
In the 
case of any fish as described in this subsection offered for entry into 
the United States, the Secretary of the Interior shall require proof 
satisfactory to him that such fish is not ineligible for such entry under 
the terms of section 6(c) of this Act. 
"(d) Any person violating any provision of subsection (a) of this 
section shall be fined not more than $25,000, and for a subsequent 
violation of any provisions of said subsection (a) shall be fined not 
more than $50,000. 
"(e) Any person violating any provision of subsection (b) of this 
section shall be fined not more than $1,000, and for a subsequent vio-
lation of any provision of subsection (b) shall be fined not more than 
$5,000. 
"(f) Any person violating any provision of subsection (c) of this 
section shall be fined not more than $100,000. 
"(g) All fish taken or retained in violation of subsection (a) of 
this section, or the monetary value thereof, may be forfeited. 
"(h) All provisions of law relating to the seizure, judicial forfeit-
ure, and condemnation of a cargo for violation of the customs laws, 
the disposition of such cargo or the proceeds from the sale thereof, 
and the remission or mitigation of such forfeitures shall apply to 
seizures and forfeitures incurred, or alleged to have been incurred, 
iinder the provisions of this Act, insofar as such provisions of law 
are applicable and not inconsistent with the provisions of this Act." 
SEC. 5. Section 10 of the Act entitled "Tuna Conventions Act of 
1950" (16 U.S.C. 959) is amended by deleting the section in its en-
tirety and substituting in lieu thereof the following: 
"SEC. 10. (a) The judges of the United States district courts and 
United States commissioners may, within their respective jurisdic-
tions, upon proper oath or affirmation showing probable cause, issue 
such warrants or other process as may be required for enforcement of 
this Act and the regulations issued pursuant thereto. 
"(b) Enforcement of the provisions of this Act and the regulations 
issued pursuant thereto shall be the joint responsibility of the United 
States Coast Guard, the United States Department of the Interior, 
and the United States Bureau of Customs. In addition, the Secre-
tary of the Interior may designate officers and employees of the States 
of the United States, of the Commonwealth of Puerto Rico, and of 
American Samoa to carry out enforcement activities hereunder. 
When so designated, such officers and employees are authorized to 
function as Federal law enforcement agents for these purposes. 
"(c) 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 en-
forcement of this Act. 
"(d) Such person so authorized shall have the power— 
" (1) with or without a warrant or other process, to arrest any 
persons subject to the jurisdiction of the United States at any 
place within the jurisdiction of the United States 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 subject to the jurisdiction of the United States, and, if as a 
result of such search he has reasonable cause to believe that such 
Ante, p. 923. 
Penalties. 
64 Stat. 779. 
Enforcement. 
926 
PUBLIC LAW 87-815-OCT. 15, 1962 
[76 STAT. 
vessel or any person on board is engaging in operations in vio-
lation of the provisions of this Act or the regulations issued there-
under, then to arrest such person. 
"(e) Such person so authorized may seize, whenever and wherever 
lawfully found-, all fish taken or retained in violation of the provisions 
of this Act or the regulations issued pursuant thereto. Any fish so 
seized may be disposed of pursuant to the order of a court of com-
petent jurisdiction, pursuant to the provisions of subsection (f) of this 
section or, if perishable, in a manner prescribed by regulations of the 
Secretary of the Interior. 
"(f) Notwithstanding the provisions of section 2464 of title 28 of 
62 Stat. 974. 
the United States Code, when a warrant of arrest or other process in 
rem is issued in any cause under this section, the marshal or other 
officer shall stay the execution of such process, or 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 property with suffi-
cient 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 
conditions 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. 6. Nothing in this Act shall be construed to amend or repeal the 
provisions of section 4311 of the Revised Statutes, as amended (46 
U.S.C.251). 
Approved October 15, 1962. 
Public Law 87-815 
October 15. 1962 
A N A C T 
[s. 2697] 
r
p
Q amend title 38, United States Code, to provide an extension of tlie period 
within which certain educational programs must be begun and completed in 
the case of persons called to active duty during the Berlin crisis, and for other 
purjwses. 
Veterans. 
Be it enacted hy the Senate and House of Representatives 
of tJie 
United States of America in Congress assembled, That section 1613 
tra^ng^"waiver o
f ^^ ^^^^^ ^^5 United States Code, is amended by inserting " ( a ) " imme-
time notation. 
diately before "No", and by adding at the end thereof the following 
72 Stat. 1177. 
nsw subsectioH I 
"(b) In computing the three-year period referred to in section 
1612(a) of this title and the eight- and five-year periods referred to 
in subsection (a) of this section, the Administrator shall disregard in 
the case of any eligible veteran any period of active duty performed 
by such veteran, before August 1, 1962, pursuant to (1) a call or order 
thereto issued to him as a Reserve after July 30,1961, or (2) an exten-
sion of an enlistment, appointment, or period of duty with the Armfed 
10 use 263 
Forces pursuant to section 2 of Public Law 87-117." 
note. 
^ 
SEC. 2. (a) Section 1712(a) of title 38, United States Code, is 
edLVat^nai^^' 
amended by redesignating paragraph (4) as paragraph (5), and by 
aasistance. 
Striking out paragraph (3) and inserting in lieu thereof the following: 
72 Stat. 1194. 
s^3^ j£ ^j^^ death oi the parent from whom eligibility is derivM