An Act to prohibit the use of certain small vessels in United States fisheries
PL 92-601 (S.3358), enacted 10/27/1972

86 STAT. ] 
PUBLIC L
A
W 92-601-OCT. 27, 1972 
Public Law 92-601 
AN ACT 
To prohibit tlie use of certain small vessels in United States fisheries. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That, during the 
five-year period beginning on the date of the enactment of this Act, it 
shall be unlawful for any person on board any prohibited vessel— 
(1) to transfer at sea or cause to be transferred at sea any 
prohibited fish; or 
(2) to land or cause to be landed any prohibited fish in any 
port of the United States. 
SEC. 2. (a) Any person who knowingly— 
(1) violates the first section of this Act; 
(2) takes, sells, transfers, purchases, or receives any prohibited 
fish which are transferred or landed in violation of the first 
section of this Act; or 
(3) violates any regulation issued pursuant to section 4 of this 
Act; 
shall be liable to a civil penalty of not more than $1,000, in addition 
to any other penalty provided by law. Each separate unlawful transfer 
or landing of prohibited fish shall constitute a separate violation of 
the first section of this Act. 
(b) Any prohibited fish transferred or landed in violation of the 
first section of this Act, or the monetary value thereof, shall be subject 
to forfeiture. 
SEC. 3. (a) The judges of the United States district courts and the 
United States magistrates may, within their respective jurisdictions, 
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 this Act and the regulations issued pursuant 
thereto shall be the joint responsibility of the Secretary of Commerce 
and the Secretary of the department in w^hich the Coast Guard is 
operating. 
(c) Any person authorized to carry out enforcement activities here-
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 and the regulations issued pursuant thereto. 
(d) Such person so authorized shall have the power, with or without 
a warrant or other process, to search any vessel subject to the juris-
diction of the United States. 
(e) Such person so authorized may seize, whenever and wherever 
lawfully found, all prohibited fish transferred, landed, taken, sold, 
purchased, or received in violation of the provisions of this Act or the 
regulations issued pursuant thereto. Anv prohibited fish so seized may 
be disposed of pursuant to the order of a court of competent juris-
diction, pursuant to the provisions of subsection (f) of this section or, 
if perishable, in a manner prescribed by regulations of the Secretary 
concerned. 
(f) Notwithstanding the provisions of section 2464 of title 28, 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 prohibited fish seized 
if the process has been levied, on receiving from the claimant of the 
prohibited fish a bond or stipulation for the value of the property with 
1327 
October 27, 1972 
[S. 3358] 
U.S. fisheries. 
Prohibited ves-
sels and fish. 
Violations and 
penalty. 
Enforcement. 
Vessel search. 
Seizure. 
Bond. 
62 Stat. 974. 
1328 
PUBLIC LAW 92-602-OCT. 27,1972 
[86 STAT. 
Regulations. 
Definitions. 
62 Stat. 859. 
sufficient surety to be approved by a judge of the district court having 
jurisdiction of the violation, conditioned to deliver the prohibited 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 principal 
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 prohibited 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 Secretary of Commerce and the Secretary of the depart-
ment in which the Coast Guard is operating are authorized jointly and 
severally to issue such regulations as may be necessary to carry out the 
provisions of this Act. 
SEC. 5. As used in this Act— 
(1) The term "person" means a person as defined in section 1 
of title 1, L'nited States Code. 
(2) The term "prohibited fish*' means, with respect to any pro-
hibited vessel, the fish, mollusk, crustacean, or other form of 
marine animal or plant life which such vessel was authorized to 
engage in the catching of before the prohibition described in para-
graph (3) (C) of this section was imposed on such Aessel by the 
foreign country concerned. 
(3) The term "prohibited vessel" means any vessel of less than 
five net tons which was— 
(A) constructed in a foreign country, 
(B) used in a fishery of such foreign country, and 
(C) subsequently prohibited by such foreign country from 
being used in such fisheiy; 
but does not mean any such vessel which was acquired by a citizen 
of the United States or a resident alien before the date of the 
enactment of this Act. 
Approved October 27, 1972. 
October 27, 197 2 
[H. R. 16804] 
Public Law 92-602 
" 
-
AN ACT 
To rename the Mineola Dam and Lake as the Carl L. Estes Dam and Lake. 
Mineola Dam 
and Lake,Sabine 
River, Tex. 
Name change. 
84 Stat. 1824. 
Be it eimcted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Mineola 
Dam and Lake on the Sabine Kiver, Texas, authorized by the Flood 
Control Act of 1970 shall be known and designated hereafter as the 
"Carl L. Estes Dam and Lake". Any law, regulation, map, or record of 
the United States in which such dam and lake is referred shall be held 
and considered to refer to such dam and lake by the name of "Carl L. 
Estes Dam and Lake". 
Approved October 27, 1972. 
.