PUBLICATION IN F.R. (b) The Secretary of the Interior in consultation with the Secretary of State is authorized to publish in the Federal Register a list of the species of living organisms covered by the provisions of subsection (a) of this section. DEFINITIONS (c) As used in this Act, the term "fisheries" means the taking, planting, or cultivation of fish, mollusks, crustaceans, or other forms of marine animal or plant life by any vessel or vessels; and the term "fish" includes mollusks, crustaceans, and all other forms of marine animal or plant life. (d) As used in this Act, the term "Continental Shelf" refers (a) to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas; (b) to the seabed and subsoil of similar submarine areas adjacent to the coasts of islands. D. Fishing vessels 1. AGREEMENTS FOR FISHING VOYAGES; PENALTIES FOR Act of June 19, 1813-Revised Statutes §§ 4391-4394 (3 Stat. 2), as amended (46 U.S.C. 531-534) AGREEMENT FOR FISHING VOYAGE SEC. 4391. The master of any vessel of the burden of twenty tons or upward, qualified according to law for carrying on the bank and other cod fisheries, or the mackerel-fishery, bound from a port of the United States to be employed in any such fishery, at sea, shall, before proceeding on such fishing-voyage, make an agreement in writing with every fisherman who may be employed therein, except only an apprentice or servant of himself or owner, and, in addition to such terms of shipment as may be agreed on, shall, in such agreement, express whether the same is to continue for one voyage or for the fishing-season, and shall also express that the fish or the proceeds of such fishing-voyage or voyages which may appertain to the fisermen shall be divided among them in proportion to the quantities or number of such fish which they may respectively have caught. Such agreement shall be indorsed or countersigned by the owner of such fishing-vessel or his agent. DERIVATION Acts of June 19, 1813, Ch. 2, § 1, 3 Stat. 2; March 3, 1865, CROSS REFERENCES Licensing vessels for carrying on the coasting trade or fisheries, see section 251 et seq. of Title 46, U.S. Code. WAIVER OF COMPLIANCE WITH NAVIGATION AND INSPECTION LAWS; TERMINATION DATE Act of Dec. 27, 1950 (ch. 1155, §§ 1, 2, 64 Stat. 1120), provided that: "The head of each department or agency responsible for the administration of the navigation and vessel-inspection laws is directed to waive compliance with such laws upon the request of the Secretary of Defense to the extent deemed necessary in the interest of national defense by the Secretary of Defense. The head of such department or agency is authorized to waive compliance with such laws to such extent and in such manner and upon such terms as he may prescribe, either upon his own initiative or upon the written recom mendation of the head of any other Government agency, "SEC. 2. The authority granted by this Act shall terminate Similar provisions were contained in Joint Res. Mar. 31, 1947, ch. 27, 61 Stat. 33; July 31, 1947, ch. 408, 61 Stat. 685; Feb. 27, 1948, ch. 78, § 2, 62 Stat. 38; Feb. 28, 1949, ch. 12, 63 Stat. 9; Joint Res. June 29, 1949, ch. 281, § 1, 63 Stat. 349; June 30, 1950, ch. 427, § 4, 64 Stat. 309. PENALTY FOR VIOLATING AGREEMENT SEC. 4392. If any fisherman, having engaged himself for a voyage or for the fishing-season in any fishing-vessel and signed an agreement therefor, thereafter and while such agreement remains in force and to be performed deserts or absents himself from such vessel without leave of the master thereof, or of the owner or his agent, such deserter shall be liable to the same penalties as deserting seamen are subject to in the merchant service, and may in the like manner, and upon the like complaint and proof, be apprehended and detained; and all costs of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish or proceeds of any fishing-voyage to which such deserter had or shall become entitled. Every fisherman, having so engaged himself, who during such fishing-voyage refuses or neglects his proper duty on board the fishing-vessel, being thereto ordered or required by the master thereof, or otherwise resists his just commands to the hinderance or detriment of such voyage, besides being answerable for all damages arising thereby, shall forfeit to the use of the owner of such vessel his share of any public allowance which may be paid upon such voyage. DERIVATION Act June 19, 1813, ch. 2, § 1, 3 Stat. 2. CROSS REFERENCES Penalty for desertion by seamen in merchant service, see sections 576 and 701 of Title 46, U.S. Code. RECOVERY OF SHARES OF FISH UNDER AGREEMENT SEC. 4393. Whenever an agreement or contract is so made and signed for a fishing-voyage or for the fishing-season, and any fish caught on board such vessel during the same are delivered to the owner or to his agent, for cure, and sold by such owner or agent, such vessel shall, for the term of six months after such sale, be liable for the master's and every other fisherman's share of such fish, and may be proceeded against in the same form and to the same effect as any other vessel is by law liable, and may be proceeded against for the wages of seamen or mariners in the merchant service. Upon such proceeding for the value of a share or shares of the proceeds of fish so delivered and sold it shall be incumbent on the owner or his agent to produce a just ac count of the sales and division of such fish according to such agreement or contract; otherwise the vessel shall be answerable upon such proceeding for what may be the highest value of the shares demanded. But in all cases the owner of such vessel or his agent, appearing to answer in such proceeding, may offer thereupon his account of general supplies made for such fishing-voyage and of other supplies therefor made to either of the demandants, and shall be allowed to produce evidence thereof in answer to their demands respectively; and judgment shall be rendered upon such proceeding for the respective balances which upon such an inquiry shall appear. DERIVATION Act June 19, 1813, ch. 2, § 2, 3 Stat. 2. DISCHARGE OF VESSEL ON BOND BY OWNER SEC. 4394. When process shall be issued against any vessel so liable, if the owner thereof or his agent will give bond to each fisherman in whose favor such process shall be instituted, with sufficient security, to the satisfaction of two justices of the peace, of whom one shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel. Nothing in this or the preceding section shall prevent any fisherman from having his action at common law for his share or shares of fish or the proceeds thereof. DERIVATION Act of June 19, 1813, ch. 2, § 2, 3 Stat. 2. 2. SEIZURE OF VESSELS OF THE UNITED STATES BY FOREIGN COUNTRIES (FISHERMEN'S PROTECTIVE ACT) Act of August 27, 1954 (68 Stat. 883; 22 U.S.C. 1971-1976) Sec. 1. Definition. TABLE OF CONTENTS Sec. 2. Action by Secretary of State upon seizure of vessel by foreign country. Sec. 3. Reimbursement of owner for fine paid to secure release of vessel and crew. Sec. 4. Inapplicability of Act to certain seizures. Sec. 5. Act by Secretary on claims for amounts expended because of seizure. Sec. 6. Authorization of appropriations. DEFINITION SECTION 1. For the purposes of this Act the term "vessel of the United States" shall mean any private vessel documented or certificated under the laws of the United States. (Aug. 27, 1954, ch. 1018, § 1, 68 Stat. 883.) CROSS REFERENCES Registry and recording, see chapter 2 of Title 46, Shipping, ACTION BY SECRETARY OF STATE UPON SEIZURE OF VESSEL BY FOREIGN COUNTRY SEC. 2. In any case where (a) a vessel of the United States is seized by a foreign country on the basis of rights or claims in territorial waters or the high seas which are not recognized by the United States; and (b) there is no dispute of material facts with respect to the location or activity of such vessel at the time of such seizure, the Secretary of State shall as soon as practicable take such action as he deems appropriate to attend to the welfare of such vessel and its crew while it is held by such country and to secure the release of such vessel and crew. (Aug. 27, 1954, ch. 1018, § 2, 68 Stat. 883.) REIMBURSEMENT OF OWNER FOR FINE PAID TO SECURE RELEASE OF VESSEL AND CREW SEC. 3. In any case where a vessel of the United States is seized by a foreign country under the conditions of section 2 of this Act and a fine must be paid in order to secure the prompt release of the vessel and crew, the owners of the vessel shall be reimbursed by the Secretary of the Treasury in the amount certified to him by the Secretary of State as being the amount of the fine actually paid. (Aug. 27, 1954, ch. 1018, § 3, 68 Stat. 883.) |