4. FISHING VESSEL INSURANCE; TRANSFER OF FUNCTIONS Act of July 5, 1960 (74 Stat. 314; 46 U.S.C. 1275 note) FISHING VESSEL INSURANCE; TRANSFER OF FUNCTIONS In order to permit the efficient execution of functions relating to the issuance of Federal ship mortgage insurance on fishing vessels, pursuant to the Merchant Marine Act of June 29, 1936, as amended (49 Stat. 1985; 46 U.S.C., 1952 edition, sec. 1271 and the following), which functions relating to fishing vessels have been transferred to the Secretary of the Interior pursuant to the Fish and Wildlife Act of 1956, the Secretary of the Interior hereafter may exercise authority comparable to the authority of the Secretary of Commerce under the said Merchant Marine Act of 1936, including, but not limited to, the authority contained in the amendment to such Act of July 15, 1958 (72 Stat. 358). (July 5, 1960, Public Law 86-577 (74 Stat. 314).) 62 E. Fishermen's cooperative associations Act of June 25, 1934 (48 Stat. 1213), as amended (15 U.S.C. 521-522) FISHING INDUSTRY; ASSOCIATIONS AUTHORIZED; AQUATIC PRODUCTS DEFINED; MARKETING AGENCIES; REQUIREMENTS SEC. 1. Persons engaged in the fishery industry, as fishermen, catching, collecting, or cultivating aquatic products, or as planters of aquatic products on public or private beds, may act together in associations, corporate or otherwise, with or without capital stock, in collectively catching, producing, preparing for market, processing, handling, and marketing in interstate and foreign commerce, such products of said persons so engaged. The term "aquatic products" includes all commercial products of aquatic life in both fresh and salt water, as carried on in the several States, the District of Columbia, the several Territories of the United States, the insular possessions, or other places under the jurisdiction of the United States. Such associations may have marketing agencies in common, and such associations and their members may make the necessary contracts and agreements to effect such purposes: Provided, however, That such associations are operated for the mutual benefit of the members thereof, and conform to one or all of the following requirements: First. That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein; or Second. That the association does not pay dividends on stock or membership capital in excess of 8 per centum per annum, and in any case to the following: Third. That the association shall not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members. MONOPOLIES OR RESTRAINTS OF TRADE; SERVICE OF COMPLAINT BY THE SECRETARY OF THE INTERIOR; HEARING; ORDER TO CEASE AND DESIST; JURISDICTION OF DISTRICT COURT SEC. 2. If the Secretary of the Interior shall have reason to believe that any such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any aquatic product is unduly enhanced by reason thereof, he shall serve upon such association a complaint stating his charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty days after the service thereof, requiring the association to show cause why an order should not be made directing it to cease and desist from monopolization or restraint of trade. An association so complained of may at the time and place so fixed show cause why such order should not be entered. The evidence given on such a hearing shall be taken under such rules and regulations as the Secretary of the Interior may prescribe, reduced to writing, and made a part of the record therein. If upon such hearing the Secretary of the Interior shall be of the opinion that such association monopolizes or restrains trade in interstate or foreign commerce to such an extent that the price of any aquatic product is unduly enhanced thereby, he shall issue and cause to be served upon the association an order reciting the facts found by him, directing such association to cease and desist from monopolization or restraint of trade. On the request of such association or if such association fails or neglects for thirty days to obey such order, the Secretary of the Interior shall file in the district court in the judicial district in which such association has its principal place of business a certified copy of the order and of all the records in the proceedings together with a petition asking that the order be enforced and shall give notice to the Attorney General and to said association of such filing. Such district court shall thereupon have jurisdiction to enter a decree affirming, modifying, or setting aside said order, or enter such other decree as the court may deem equitable, and may make rules as to pleadings and proceedings to be had in considering such order. The place of trial may, for cause or by consent of parties, be changed as in other causes. The facts found by the Secretary of the Interior and recited or set forth in said order shall be prima facie evidence of such facts, but either party may adduce additional evidence. The Department of Justice shall have charge of the enforcement of such order. After the order is so filed in such district court and while pending for review therein, the court may issue a temporary writ of injunction forbidding such association from violating such order or any part thereof. The court shall, upon conclusion of its hearing, enforce its decree by a permanent injunction or other appropriate remedy. Service of such complaint and of all notices may be made upon such association by service upon any officer, or agent thereof, engaged in carrying on its business, or on any attorney authorized to appear in such proceeding for such association and such service shall be binding upon such association, the officers and members thereof. (June 25, 1934, ch. 742 § 2, 48 Stat. 1214; 1939 Reorg. Plan No. II § 4(c), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431.) F. Medical care for seamen Act of July 1, 1944 (58 Stat. 696), as amended (42 U.S.C. 249) MEDICAL CARE AND TREATMENT FOR SEAMEN SEC. 322. (a) The following persons shall be entitled, in accordance with regulations, to medical, surgical, and dental treatment and hospitalization without charge at hospitals and other stations of the [Public Health] Service: (1) Seamen employed on vessels of the United States registered, enrolled, and licensed under the maritime laws thereof, other than canal boats engaged in the coasting trade; * * * * * (8) Persons who own vessels registered, enrolled, or licensed under the maritime laws of the United States, who are engaged in commercial fishing operations, and who accompany such vessels on such fishing operations, and a substantial part of whose services in connection with such fishing operations are comparable to services performed by seamen employed on such vessel or on vessels engaged in similar operations. (July 1, 1944, ch. 373, title III, § 322, 58 Stat. 696; June 25, 1948, ch. 654, § 3,62 Stat. 1018; Aug. 13, 1964, 78 Stat. 398.) LEGISLATIVE HISTORY OF 1964 AMENDMENT House Report No. 1467 accompanying H.R. 3873 (Comm. Senate Report No. 194 (Comm. on Commerce). Vol. 109 (1963): May 28, considered and passed Senate. 65 G. Fishery educational authorities 1. GRANTS RELATIVE TO TRAINING PERSONNEL IN THE FIELD OF COMMERCIAL FISHING Act of August 8, 1956 (70 Stat. 1126; 16 U.S.C. 760d) GRANTS FOR EDUCATION AND TRAINING OF PERSONNEL IN THE FIELD OF COMMERCIAL FISHING; APPORTIONMENT; AUTHORIZATION OF APPROPRIATIONS; REGULATIONS SECTION 1. (a) The Secretary of the Interior is authorized to make grants, out of funds appropriated for the purposes of this section, to public and nonprofit private universities and colleges in the several States and Territories of the United States for such purposes as may be necessary to promote the education and training of professionally trained personnel (including scientists, technicians, and teachers) needed in the field of commercial fishing. Any amount appropriated for the purposes of this section shall be apportioned on an equitable basis, as determined by the Secretary of the Interior, among the several States and Territories for the purpose of making grants within each such State and Territory. In making such apportionment the Secretary of the Interior shall take into account the extent of the fishing industry within each State and Territory as compared with the total fishing industry of the United States (including Territories), and such other factors as may be relevant in view of the purposes of this. section. (b) There are authorized to be appropriated not in excess of $550,000 for the fiscal year beginning on July 1, 1955, and for each fiscal year thereafter for the purposes of this section. (c) The Secretary of the Interior may establish such regulations as may be necessary to carry out the provisions of this section. (Aug. 8, 1956, c. 1039, § 1, 70 Stat. 1126.) 66 |