§1010. Boarding of ships; production of records; evidence of violations by foreign ships.

(a) The Secretary may make regulations empowering such persons as may be designated to go on board any ship to which the convention applies, while the ship is within the territorial jurisdiction of the United States, and to require production of any records required to be kept in accordance with the convention.

(b) Should evidence be obtained that a ship registered in another country party to the convention has discharged oil in any prohibited zone, such evidence should be forwarded to the State Department for action in accordance with article X of the convention. (Pub. L. 87-167, § 11, Aug. 30, 1961,

75 Stat. 404.)

1011. Prohibited zones; publication of reduction or extension of zones.

(a) All sea areas within fifty miles from the nearest land shall be prohibited zones, subject to extensions or reduction effectuated in accordance with the terms of the Convention, which shall be published in regulations prescribed by the Secretary.

(b) With respect to the reduction or extension of the zones described under the terms of the Convention, the Secretary shall give notice thereof by publication of such Information in Notices to Mariners issued by the United States Coast Guard and United States Navy. (Pub. L. 87-167, § 12, Aug. 30, 1961, 75 Stat. 404; Pub. L. 89-551, § 1(8), Sept. 1, 1966, 80 Stat. 375.)

AMENDMENTS

1966-Pub. L. 89-551 substituted a general reference to extensions or reductions of sea areas within 50 miles from land effectuated in accordance with the terms of the Convention to be published in regulations by the Secretary for detailed descriptions of areas excepted from the prohibited zones.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1009 of this title.

§ 1012. Repealed. Pub. L. 89-551, § 1(9), Sept. 1, 1966, 80 Stat. 375.

Section, Pub. L. 87-167, § 13, Aug. 30, 1961, 75 Stat. 405, set out the form and required entries for the oll record book. See section 1008 of this title.

§ 1013. Appropriations.

There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. (Pub. L. 87-167, § 14, Aug. 30, 1961, 75 Stat. 407.)

81014. Fifect on other laws.

Nothing in this chapter or in regulations issueu hereunder shall be construed to modify or amend

the provisions of the Oil Pollution Act, 1924, or section 89 of Title 14. (Pub. L. 87-167, § 16, Aug. 30, 1961, 75 Stat. 407.)

REFERENCES IN TEXT

The Oil Pollution Act, 1924, referred to in text, was repealed by Pub. L. 91-224, title I, § 108, Apr. 3, 1970, 84 Stat. 113, and its provisions are generally covered by section 1151 et. seq. of this title.

§ 1015. Effective date.

(a) This chapter shall become effective upon the date of its enactment or upon the date the amended Convention becomes effective as to the United States, whichever is the later date.

(b) Any rights or liabilities existing on the effective date of this chapter shall not be affected by the enactment of this chapter. Any procedures or rules or regulations in effect on the effective date of this chapter shall remain in effect until modified or superseded under the authority of this chapter. Any reference in any other law or rule or regulation prescribed pursuant to law to the "International Convention for the Prevention of the Pollution of the Sea by Oil, 1954," shall be deemed to be a reference to that Convention as revised by the "Amendments of the International Convention for the Prevention of Pollution of the Sea by Oll, 1954," which were adopted by a Conference of Contracting Governments convened at London on April 11, 1962. Any reference in any other law or rule or regulation prescribed pursuant to law to the "Oil Pollution Act. 1961," approved August 30, 1961, shall be deemed to be a reference to that Act as amended by this Act. (Pub. L. 87-167, § 17, Aug. 30, 1961, 75 Stat. 407; Pub. L. 39-551, § 1(10), Sept. 1, 1966, 80 Stat. 375.)

REFERENCES IN TEXT

The "date of its enactment" referred to in subsec. (a) means the enactment of Pub. L. 87-167, which was approved on Aug. 30, 1961.

"That Act", referred to in subsec. (b), refers to the "Oll Pollution Act, 1961", Pub. L. 87-167, Aug. 30, 1961, 75 Stat. 402, which is classified to this chapter, and "this Act", referred to in subsec. (b), presumably refers to Pub. L. 89-551, Sept. 1, 1966, 80 Stat. 372, which amended Pub. L. 87-167 and brought it into line with the 1962 Amendments of the 1954 Convention.

AMENDMENTS

1966 Subsec. (a). Pub. L. 89-551 denominated existing provisions as subsec. (a) and in subsec. (a) as so denominated substituted "upon the date the amended Convention becomes effective as to the United States" for "upon the date the United States becomes a party to the convention".

Subsec. (b). Pub. L. 89-551 added subsec. (b).

7761. Appropriations.

§ 776. Definitions.

When used in this chapter

(a) Convention: The word "convention" means the convention between the United States of America and the Dominion of Canada for the protection, preservation, and extension of the sockeye salmon fisheries of the Fraser River system, signed at Washington on the 26th day of May 1930, as amended by the protocol to the convention, signed at Ottawa on the 28th day of December 1956.

(b) Commission: The word "Commission" means the International Pacific Salmon Fisheries Commission provided for by article II of the convention.

(c) Person: The word "person" includes individuals, partnerships, associations, and corporations.

(d) Convention waters: The term "convention waters" means those waters described in article I of the convention.

(e) Sockeye salmon and pink salmon: The term "sockeye salmon" means that species of salmon known by the scientific name Oncorhynchus nerka, and the term "pink salmon" means that species of salmon known by the scientific name Oncorhynchus gorbuscha.

(f) Vessel: The word "vessel" includes every type or description of water craft or other contrivance used, or capable of being used, as a means of transportation in water.

(g) Fishing: The word "fishing" means the fishing for, catching, or taking, or the attempted fishing for, catching, or taking, of any sockeye salmon or pink salmon in convention waters.

(h) Fishing gear: The term "fishing gear" means any net, trap, hook, or other device, appurtenance or equipment, of whatever kind or description, used or capable of being used, for the purpose of capturing fish or as an aid in capturing fish. (July 29, 1947, ch. 345, § 2, 61 Stat. 511; July 11, 1957, Pub. L. 85102, §§ 1-3, 71 Stat. 293.)

AMENDMENTS

1957-Subsec. (a). Pub. L. 85-102, § 1, substituted the word "fisheries" for "fishery" and inserted, "as amended by the protocol to the convention, signed at Ottawa on the 28th day of December 1956".

Subsec. (e). Pub. L. 85-102, § 2, added definition of "pink salmon".

Subsec. (g). Pub. L. 85-102, § 3, inserted the words "or pink salmon".

EFFECTIVE DATE OF 1957 AMENDMENT Pub. L. 85-102, § 5, provided that: "The amendments made by this Act [to subsecs. (a), (e), and (g) of this section, and sections 776a (a), (b), (d), 776b, 776c (a), (e), 776d (f), and 776e (a) of this title] shall take effect on the date of entry into force of the protocol, signed at Ottawa on December 28, 1956, between the United States of America and Canada to the convention for the protection, preservation and extension of the sockeye salmon fisheries of the Fraser River system, signed at Washington on May 26, 1930."

EFFECTIVE DATE

Section 10 of act July 29, 1947, provided: "This Act [this chapter] shall be effective thirty days from the date of its approval [July 29, 1947]."

SHORT TITLE

Congress in enacting this chapter provided in section 1 of act July 29, 1947, as amended by Pub. L. 85-102, § 3, July 11, 1957, 71 Stat. 294, that it may be cited as the "Sockeye Salmon or Pink Salmon Fishing Act of 1947”.

SAVINGS CLAUSE

Section 9 of act July 29, 1947, provided: "If any provision of this Act [this chapter] is held invalid for any cause, such invalidity shall not affect the other provisions hereof."

§ 776a. Unlawful acts.

(a) It shall be unlawful for any person to engage in fishing for sockeye salmon or pink salmon in convention waters in violation of the convention or of this chapter or of any regulation of the Commission.

(b) It shall be unlawful for any person to ship, transport, purchase, sell, offer for sale, import, export, or have in possession any sockeye salmon or pink salmon taken in violation of the convention or of this chapter or of any regulation of the Commission.

(c) It shall be unlawful for any person or vessel to use any port or harbor or other place subject to the jurisdiction of the United States for any purpose connected in any way with fishing in violation of the convention or of this chapter or of any regulation made by the Commission.

(d) It shall be unlawful for any person or vessel to engage in fishing for sockeye salmon or pink salmon in convention waters without first having obtained such license or licenses as may be used by or required by the Commission, or to fail to produce such license, upon demand, for inspection by an authorized enforcement officer.

(e) It shall be unlawful for any person to fail to make, keep, submit, or furnish any record or report required of him by the Commission or to refuse to permit any officer authorized to enforce the convention, this chapter, and the regulations of the Commission, or any authorized representative of the Commission, to inspect any such record or report at any reasonable time.

(f) It shall be unlawful for any person to molest, interfere with, tamper with, damage, or destroy any boat, net, equipment, stores, provisions, fish-cultural stations, rearing pond, weir, fishway, or any other structure, installation, experiment, property, or facility acquired, constructed, or maintained by the Commission.

(g) It shall be unlawful for any person or vessel to do any act prohibited or to fail to do any act required by the convention or by this chapter or by any regulation of the Commission. (July 29, 1947, ch. 345, § 3, 61 Stat. 511; July 11, 1957, Pub. L. 85-102, § 3, 71 Stat. 294.)

AMENDMENTS

1957-Subsecs. (a), (b), and (d). Pub. L. 85-102 inserted the words "or pink salmon".

EFFECTIVE DATE OF 1957 AMENDMENT Amendment of subsecs. (a), (b), and (d) by Pub. L. 85-102 effective on the date of entry into force of protocol signed December 26, 1956, between United States and Canada, see note out under section 776 of this title.

EFFECTIVE DATE Effective date of chapter, see note under section 776 of this title.

§776b. Omission of or fraudulent returns, records, and reports; penalties.

Any person who fails to make, keep, or furnish any catch return, statistical record, or any report that may be required by the Commission, or any person who furnishes a false return, record, or report, upon conviction shall be subject to such fine as may be imposed by the court not to exceed $1,000, and shall in addition be prohibited from fishing for and from shipping, transporting, purchasing, selling, offering for sale, importing, exporting, or possessing sockeye salmon or pink salmon from the date of conviction until such time as any delinquent return, record, or report shall have been submitted or any false return, record, or report shall have been replaced by a duly certified correct and true return, record, or report to the satisfaction of the court. The penalties imposed by section 776c of this title shall not be invoked for failure to comply with requirements respecting returns, records, and reports. (July 29, 1947, ch. 345, § 4, 61 Stat. 512; July 11, 1957, Pub. L. 85-102, § 3, 71 Stat. 294.)

AMENDMENTS

1957-Pub. L. 85-102 inserted the words "or pink sal

mon".

EFFECTIVE DATE OF 1957 AMENDMENT

Amendment of section by Pub. L. 85-102 effective on the date of entry into force of protocol signed December 26, 1956, between United States and Canada, see note set out under section 776 of this title.

EFFECTIVE DATE

Effective date of chapter, see note under section 776 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 776c of this title. § 776c. Penalties and forfeitures.

(a) Fine and imprisonment; prohibition on activities. Except as provided in section 776b of this title, any person violating any provision of the convention or of this chapter or the regulation of the Commission upon conviction shall be fined not more than $1,000 or be imprisoned not more than one year, or both, and the court may prohibit such person from fishing for, or from shipping, transporting, purchasing, selling, offering for sale, importing, exporting, or possessing sockeye salmon or pink salmon for such period of time as it may determine.

(b) Forfeitures; first and subsequent violations.

The catch of fish of every vessel or of any fishing gear employed in any manner, or any fish caught, shipped, transported, purchased, sold, offered for sale, imported, exported, or possessed in violation of this chapter or the regulations of the Commission shall be forfeited; and upon a second and subsequent violation the catch of fish shall be forfeited and every such vessel and any fishing gear and appurtenances involved in the violation may be forfeited. (c) Same; procedure.

All procedures of law relating to the seizure, judicial forfeiture, and condemnation of a vessel for violation of the customs laws and the disposition of such vessel or the proceeds from the sale thereof

shall apply to seizures, forfeitures, and condemnations incurred, or alleged to have been incurred. under the provisions of this chapter insofar as such provisions of law are applicable and not inconsistent with this chapter.

(d) Minor violations; citation to appear.

In cases of minor violations of the provisions of the convention or of this chapter or the regulations of the Commission, and in cases where immediate arrest of the person or seizure of fish, fishing gear, or of a vessel, together with its tackle, apparel, furniture, appurtenances, and cargo, would impose an unreasonable hardship, the person authorized to make such arrest or seizure or any court of competent jurisdiction may, in his or its discretion, issue a citation requiring such person to appear before the proper official of the court having Jurisdiction thereof within a specified time, not exceeding fifteen days; or in the case of property, post such citation upon said property and require its delivery to such court within such specified time. Upon the issuance of such citation and the filling of a copy thereof with the clerk of the appropriate court the person so cited and the property so seized and posted shall thereupon be subject to the jurisdiction of the court to answer the order of the court in such cause. Any property so seized shall not be disposed of except pursuant to the order of such court or the provisions of subsection (e) of this section.

(e) Bond or stipulation.

When a warrant of arrest or other process in rem, including that specified in subsection d) of this section, is issued in any cause of admiralty jurisdiction under this section, the marshal or other officer shall stay the execution of such process, or discharge any property seized if the process has been levied, on receiving from the claimant of the property a bond or stipulation with sufficient sureties or approved corporate surety in such sum as the court shall order, conditioned to deliver the property seized, if condemned, without impairment in value (or, in the case of sockeye salmon or pink salmon, to pay its equivalent 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 the event of any breach of the conditions thereof as determined by the court. (July 29, 1947, ch. 345, § 5, 61 Stat. 512; July 11, 1957, Pub. L. 85-102, § 3, 71 Stat. 294.)

AMENDMENTS 1957-Subsecs. (a) and (e). Pub. L. 85-102 inserted the words "or pink salmon".

EFFECTIVE DATE OF 1957 AMENDMENT Amendment of subsecs. (a) and (e) by Pub. L. 85-102 effective on the date of entry into force of protocol signed December 26, 1956, between United States and Canada, see note set out under section 776 of this title.

EFFECTIVE Date Effective date of chapter, see note under section 776 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 776b of this title.

§ 776d. Enforcement.

(a) Designation of Federal agency; cooperation with State and Dominion officers.

The President of the United States shall designate a Federal agency which shall be responsible for the enforcement of the provisions of the convention and this chapter and the regulations of the Commission, except to the extent otherwise provided for in the convention and this chapter. It shall be the duty of the Federal agency so designated to take appropriate measures for enforcement at such times and to such extent as it may deem necessary to insure effective enforcement and for this purpose to cooperate with other Federal agencies, State officers, the Commission, and with the authorized officers of the Dominion of Canada.

(b) Authorization to State officers.

The Federal agency designated by the President for enforcement purposes may authorize officers and employees of the State of Washington to enforce the provisions of the convention and of this chapter and the regulations of the Commission. When so authorized such officers may function as Federal lawenforcement officers for the purposes of this chapter. (c) Conformity to convention article.

Enforcement of the convention and this chapter and the regulations of the Commission shall be subject to and in accordance with the provisions of article IX of the convention.

(d) Arrests, searches, and seizures.

Any duly authorized officer or employee of the Federal agency designated by the President for enforcement purposes under the provisions of subsection (a) of this section; any officer or employee of the State of Washington who is authorized by the Federal agency so designated by the President; any enforcement officer of the Fish and Wildlife Service of the Department of the Interior, any Coast Guard officer, any United States marshal or deputy United States marshal, any collector or deputy collector of customs, and any other person authorized to enforce the provisions of the convention, this chapter, and the regulations of the Commission, shall have power, without warrant or other process, but subject to the provisions of the convention, to arrest any person committing in his presence or view a violation of the convention or of this chapter or of the regulations of the Commission and to take such person immediately for examination before an officer or trial before a court of competent jurisdiction; and shall have power, without warrant or other process, to search any vessel within convention waters when he has reasonable cause to believe that such vessel is subject to seizure under the provisions of the convention or this chapter, or the regulations of the Commission, and to search any place of business or any commercial vehicle when he has reasonable cause to believe that such place or vehicle contains fish taken, possessed, transported, purchased. or sold in violation of any of the provisions of the convention, this chapter, or the regulations of the Commission. Any person authorized to enforce the provisions of the convention and of this chapter and the regulations of the Commission shall have power to execute any warrant or process issued by an officer

or court of competent jurisdiction for the enforcement of this chapter, and shall have power with a search warrant to search any person, vessel, or place, at any time. The judges of the United States courts and the United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. Subject to the provisions of the convention, any person authorized to enforce the convention and this chapter and the regulations of the Commission may seize, whenever and wherever lawfully found, all fish caught, shipped, transported purchased, sold, offered for sale, imported, exported, or possessed contrary to the provisions of the convention or this chapter or the regulations of the Commission and may seize any vessel, together with its tackle, apparel, furniture, appurtenances and cargo, and all fishing gear, used or employed contrary to the provisions of the convention or this chapter or the regulations of the Commission, or which it reasonably appears has been used or employed contrary to the provisions of the convention or this chapter or the regulations of the Commission.

(e) Evidence.

Evidence of any regulation made by the Commission may be given in any court proceedings by the production of a copy of such regulation certified by the Secretary of the Commission to be a true copy and no proof of the signature of the Secretary on such certification shall be required.

(f) Inspection of licenses.

Any authorized representative of the Commission, or any person authorized to enforce this chapter and the regulations of the Commission may inspect any licenses issued to persons or vessels engaging in fishing for sockeye salmon or pink salmon in convention waters and for this purpose may at any reasonable time board any vessel or enter upon any premises where such fishing is or may be conducted. (July 29, 1947, ch. 345, § 6, 61 Stat. 513; July 11, 1957, Pub. L. 85-102, § 3, 71 Stat. 294.)

AMENDMENTS

1957-Subsec. (f). Pub. L. 85-102 inserted the words "or pink salmon".

EFFECTIVE DATE OF 1957 AMENDMENT Amendment of subsec. (f) by Pub. L. 85-102 effective on the date of entry into force of protocol signed December 26, 1956, between United States and Canada, see note set out under section 776 of this title.

EFFECTIVE DATE

Effective date of chapter, see note under section 776 of this title.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3. §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the per

formance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. The Coast Guard, referred to in this section, was generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard was operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. FISH AND WILDLIFE SERVICE

The President by Ex. Ord. No. 9892, Sept. 22, 1947, 12 F. R. 6345 designated the Fish and Wildlife Service as the Federal Agency responsible for the enforcement of this chapter.

§776e. Cooperation of Federal agencies; conduct of scientific investigations.

(a) All agencies of the Federal Government are authorized, upon request by the Commission, to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties of scientific investigation and improvement of the fisheries, as specified in the convention.

(b) None of the prohibitions contained in this chapter, or in the laws and regulations of the States, shall prevent the Commission from conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation, or shall prevent the Commission from discharging any other duties prescribed by the convention. (July 29, 1947, ch. 345, § 7. 61

Stat. 514; July 11, 1957, Pub. L. 85-102, § 4, 71 Stat. 294.)

AMENDMENTS

1957 Subsec. (a). Pub. L. 85-102 substituted the word "fisheries" for "fishery".

EFFECTIVE DATE OF 1957 AMENDMENT

Amendment of subsec. (a) by Pub. L. 85-102 effective on the date of entry into force of protocol signed December 26, 1956, between United States and Canada, see note set out under section 776 of this title.

EFFECTIVE DATE

Effective date of chapter, see note under section 776 of this title.

§ 776f. Appropriations.

There is authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums, from time to time, as may be necessary to enable the Commission and agencies of the Federal Government to carry out the provisions of the convention and of this chapter, including purchase, operation, maintenance, and repair of aircraft, motor vehicles (including passenger-carrying vehicles), boats, research vessels, and other necessary facilities; and printing. (July 29, 1947, ch. 345, § 8, 61 Stat. 514.)

EFFECTIVE DATE

Effective date of chapter, see note under section 776 of this title.

Commissioners; number, appointment, and qualification.

953. Advisory Committee; composition; appointment;

As used in this chapter, the term

(a) "convention" includes (1) the Convention for the Establishment of an International Commission for the Scientific Investigation of Tuna, signed at Mexico City, January 25, 1949, by the United States of America and the United Mexican States, (2) the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington May 31, 1949, by the United States of America and the Republic of Costa Rica, or both such conventions, as the context requires;

(b) "commission" includes (1) the International Commission for the Scientific Investigation of Tuna, (2) the Inter-American Tropical Tuna Commission provided for by the conventions referred to in subsection (a) of this section, or both such commissions, as the context requires;

(c) "United States Commissioners" means the members of the commissions referred to in subsection (b) of this section representing the United States of America and appointed pursuant to the terms of the pertinent convention and section 952 of this title;

(d) "person" means every individual, partnership, corporation, and association subject to the jurisdiction of the United States; and

(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. (Sept. 7, 1950, ch. 907, § 2, 64 Stat. 777; Oct. 15, 1962, Pub. L. 87-814, § 1, 76 Stat. 923.)

AMENDMENTS

1962 Subsec. (e). Pub. L. 87-814 substituted definition of "United States" for definition of "enforcement agency."

EFFECTIVE DATE

Section 14 of act Sept. 7, 1950, provided: "This Act [this chapter] shall take effect with respect to each of the conventions upon the entry into force of that convention, unless such entry into force shall be prior to the date of approval of this Act (Sept. 7, 1950] in which case this Act [this chapter] shall take effect immediately." The Costa Rican convention was ratified on March 3, 1950,