Treasury Department shall, for the purposes of said sections, be exercised or performed by the Secretary of the Interior or by such persons as he may designate. (June 28, 1937, ch. 392, § 6, 50 Stat. 328; 1939 Reorg. Plan No. II, § 4 (e), eff. July 1, 1939. 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

See note under section 772d of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 772, 772a, 772b, 772d, 772g, 772h, 7721 of this title.

§ 772f. Penalties relative to records and reports.

Any person violating section 772c of this title shall be subject to a penalty of $50 for each such violation. The Secretary of the Interior is authorized and empowered to mitigate or remit any such penalty in the manner prescribed by law for the mitigation or remission of penalties for violation of the navigation laws. (June 28, 1937, ch. 392, § 7, 50 Stat. 328; 1939 Reorg. Plan No. II, § 4 (e), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

See note under section 772d of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 772, 772a, 772b, 772d, 772e, 772g, 772h, 7721 of this title.

§ 772g. Exemption of Commission.

None of the prohibitions contained in sections 772 to 772i of this title shall apply to the Commission or its agents when engaged in any scientific investigation. (June 28, 1937, ch. 392, § 8, 50 Stat. 328.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 772, 772a, 772b, 772d, 772e, 772h, 7721 of this title.

out the provisions of sections 772 to 772i of this title. (June 28, 1937, ch. 392, § 9, 50 Stat. 328; 1939 Reorg. Plan No. II, § 4 (e), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

See note under section 772d of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 772, 772a, 772b, 772d, 772e, 772g, 7721 of this title.

§ 772i. Effective date.

Sections 772 to 772i of this title shall take effect on the date of exchange of ratifications of the Convention signed by the United States of America and Canada, on January 29, 1937, for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, unless such date shall be prior to June 28, 1937, in which case it shall take effect immediately. (June 28, 1937, ch. 392, § 10, 50 Stat. 328.)

EXCHANGE OF RATIFICATIONS

Ratifications of the Convention for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea were exchanged at Ottawa on July 28, 1937. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 772, 772a, 772b, 772d, 772e, 772g, 772h of this title.

§ 772j. Facilities for Commission; appropriations.

(a) The Secretary of State is authorized to provide, by contract, grant, or otherwise, facilities for office and any other necessary space for the Commission. Such facilities shall be located on or near the campus of the University of Washington in the State of Washington and shall be provided without regard to the cost-sharing provisions in the Convention.

(b) There is authorized to be appropriated such amount, not in excess of $500,000, as may be necessary to carry out the provisions of this section. (June 28, 1937, ch. 392, § 11, as added Oct. 1, 1965. Pub. L. 89-233, 79 Stat. 902.)

Commissioners; appointment and number; rules; compensation.

Advisory Committee; composition; appointment and tenure; meetings; officers; rules; attendance at meetings; compensation; traveling expenses. Commissioners and committeemen exempted from certain employment laws.

Secretary of State to act for United States; regulations.

Administration and enforcement of chapter. Cooperation with other agencies; Commission's functions not restrained by this chapter or State laws.

988. Unlawful activities.

(a) Convention: The word "convention" means the International Convention for the Northwest Atlantic Fisheries signed at Washington under date of February 8, 1949, and amendments including the 1961 declaration of understanding and the 1963 protocol, as well as the convention signed at Washington under date of February 8, 1949.

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

(c) Person: The word "person" denotes individuals, partnerships, corporations, and associations. subject to the jurisdiction of the United States.

(d) Convention area: The term "convention area" means that portion of the northwest Atlantic Ocean defined in article I of the convention.

(e) Vessel: The word "vessel" denotes every kind, type, or description of watercraft, aircraft, or other contrivance, subject to the jurisdiction of the United States, used, or capable of being used, as a means of transportation on water.

(f) Fishing gear: The term "fishing gear" means any apparatus or appliance of whatever kind or description used or capable of being used for fishing.

(g) Fishing: The word "fishing" means the catching, taking, or fishing for, or the attempted catching, taking, or fishing for any species of fish or mammal protected under regulations adopted pursuant to this chapter.

(h) Fish: The word "fish" means any species of fish, mollusks, crustaceans, including lobsters, and all forms of marine animal life covered by the convention. (Sept. 27, 1950, ch. 1054, § 2, 64 Stat. 1067; July 24, 1968, Pub. L. 90-420, § 1(a)—(c), 82 Stat. 419.)

AMENDMENTS

1968 Subsec. (a). Pub. L. 90-420, § 1(a), extended definition of "convention" to include amendments including the 1961 declaration of understanding and the 1963 protocol, as well as the convention signed at Washington under date of February 8, 1949.

Subsec. (g). Pub. L. 90-420, § 1(b), added "or mammal" following "species of fish".

Subsec. (h). Pub. L. 90-420, § 1(c), added subsec. (h). SHORT TITLE

Congress in enacting this chapter provided by section 1 of act Sept. 27, 1950, that it should be popularly known as the "Northwest Atlantic Fisheries Act of 1950".

SEPARABILITY OF PROVISIONS

Section 13 of act Sept. 27, 1950, provided that: "If any provision of this Act [this chapter] or the application of such provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act [this chapter] and the applicability of such provision to other circumstances or persons shall not be affected thereby.” § 982. Commissioners; appointment and number; rules; compensation.

(a) The United States shall be represented, on the Commission and on any panel in which the United States participates, by three Commissioners to be appointed by the President and to serve at his pleasure. The Commissioners shall be entitled to adopt such rules of procedure as they find necessary. (b) The United States Commissioners, although officers of the United States Government while so serving, shall receive no compensation for their services as such Commissioners. (Sept. 27, 1950, ch. 1054, § 3, 64 Stat. 1068.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 984 of this title. § 983. Advisory Committee; composition; appointment and tenure; meetings; officers; rules; attendance at meetings; compensation; traveling expenses. (a) The United States Commissioners shall appoint an advisory committee composed of not less than five nor more than twenty persons who shall fairly represent the various interests in the fisheries of the convention area, including fishermen and vessel owners, and who shall be well informed concerning the fisheries of the convention area. members of the advisory committee shall serve for a term of two years, and shall be eligible for reappointment. The advisory committee shall meet at

The

least once a year, or more frequently if necessary, shall elect its own officers, and shall be entitled to fix the times and places of its meetings and to adopt rules of procedure for their conduct. The United States Commissioners shall also have the authority to call a meeting of the advisory committee on the request of three members of the committee. The advisory committee, or such representatives as it may designate, may attend as observers all nonexecutive meetings of the Commission or of any panel of which the United States is a member. The advisory committee shall be invited to all nonexecutive meetings of the United States Commissioners and at such meetings shall be given full opportunity to examine and to be heard on all proposed programs of investigation, reports, and recommendations of the United States Commissioners and all regulations proposed to be issued under the authority of this chapter.

(b) The members of the advisory committee shall receive no compensation for their services as such members. On approval by the United States Commissioners not more than five members of the advisory committee, designated by the committee, may be paid for their actual transportation expenses and per diem incident to attendance at meetings of the Commission or a panel thereof. (Sept. 27, 1950, ch. 1054, § 4, 64 Stat. 1068; July 24, 1968, Pub. L. 90420, § 1(d), 82 Stat. 419.)

AMENDMENTS

1968-Subsec. (b). Pub. L. 90-420 struck out "outside of the United States" following "attendance at meetings". SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 984 of this title.

§ 984. Commissioners and committeemen exempted from certain employment laws.

Service of any individual as a United States Commissioner appointed pursuant to section 982 (a) of this title, or as a member of the advisory committee appointed pursuant to section 983 (a) of this title shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, and 284 of Title 18, of section 99 of Title 5, or of any other Federal law imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with any claim, proceeding, or matter involving the United States, except insofar as such provisions of law may prohibit any such individual from receiving compensation in respect of any particular matter in which such individual was directly involved in the performance of such service. (Sept. 27, 1950, ch. 1054, § 5, 64 Stat. 1068.)

REFERENCES IN TEXT

Sections 281 and 283 of Title 18, referred to in text, were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, except as they may apply to retired officers of the armed forces of the United States, and were supplanted by sections 203 and 205 of Title 18, Crimes and Criminal Procedure.

Section 284 of Title 18, referred to in text, was repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, and was supplanted by section 207 of Title 18, Crimes and Criminal Procedure.

Section 99 of Title 5, referred to in text, was repealed

by Pub. L. 87-849, § 3, Oct. 23, 1962, 76 Stat. 1126. For similar provisions see section 207 of Title 18, Crimes and Criminal Procedure.

§ 985. Secretary of State to act for United States; regulations.

(a) The Secretary of State is authorized to receive, on behalf of the Government of the United States, reports, requests, recommendations, and other communications of the Commission, and to act thereon directly or by reference to the appropriate authorities.

(b) The Secretary of State, with the concurrence of the Secretary of the Interior, is authorized to accept or reject, on behalf of the United States, proposals received from the Commission pursuant to article VIII of the convention. (Sept. 27, 1950, ch. 1054, § 6, 64 Stat. 1069.)

§ 986. Administration and enforcement of chapter. (a) The Secretary of the Interior is authorized and directed to administer and enforce, through the Fish and Wildlife Service, all of the provisions of the convention, this chapter, and regulations issued pursuant thereto, except to the extent otherwise provided for in this chapter. In carrying out such functions he is authorized and directed to adopt such regulations as may be necessary to carry out the purposes and objectives of the convention and this chapter, and, with the concurrence of the Secretary of State, he may cooperate with the duly authorized officials of the Government of any party to the convention.

(b) Enforcement activities under the provisions of this chapter relating to vessels engaged in fishing and subject to the jurisdiction of the United States shall be primarily the responsibility of the United States Coast Guard, in cooperation with the Fish and Wildlife Service.

(c) The Secretary of the Interior may designate officers of the States of the United States to enforce the provisions of the convention, or of this chapter, or of the regulations of the Secretary of the Interior. When so designated such officers are authorized to function as Federal law-enforcement officers for the purposes of this chapter. (Sept. 27, 1950, ch. 1054, § 7, 64 Stat. 1069.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1031 of this title.

§ 987. Cooperation with other agencies; Commission's functions not restrained by this chapter or State laws.

(a) The Secretary of State with the concurrence of the agency, institution, or organization concerned, may direct the United States Commissioners to arrange for the cooperation of agencies of the United States Government, and of State and private institutions and organizations in carrying out the provisions of article VI of the convention.

(b) All agencies of the Federal Government are authorized, upon request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the convention.

(c) None of the prohibitions deriving from this

chapter, or contained in the laws or regulations of any State, 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.

(d) Nothing in this chapter shall be construed to limit or to add to the authority of the individual States to exercise their existing sovereignty within the presently defined limits of the territorial waters of the respective States. (Sept 27, 1950, ch. 1054, § 8, 64 Stat. 1069.)

§ 988. Unlawful activities.

(a) It shall be unlawful for any person subject to the jurisdiction of the United States to engage in fishing in violation of any regulation adopted pursuant to this chapter or of any order of a court issued pursuant to section 989 of this title, 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 any such regulations, or order, to fail to make, keep, submit, or furnish any record or report required of him by such regulation, or to refuse to permit any officer authorized to enforce such regulations to inspect such record or report at any reasonable time.

(b) It shall be unlawful for any person or vessel subject to the jurisdiction of the United States to do any act prohibited or fail to do any act required by any regulation adopted pursuant to this chapter. (Sept. 27, 1950, ch. 1054, § 9, 64 Stat. 1069.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1031 of this title. § 989. Penalties.

Any person violating any provision of this chapter or any regulation adopted pursuant to this chapter, upon conviction, shall be fined for a first offense not more than $500 and for a subsequent offense committed within five years not more than $1,000 and for such subsequent offense the court may order forfeited, in whole or in part, the fish taken by such person, or the fishing gear involved in such fishing, or both, or the monetary value thereof. Such forfeited fish or fishing gear shall be disposed of in accordance with the direction of the court. (Sept. 27, 1950, ch. 1054, § 10, 64 Stat. 1070.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 988, 1030, 1031 of this title.

§ 990. Arrests; enforcement officers; warrants and processes; searches and seizures; stay of execu tion; bond or stipulation.

(a) Any duly authorized enforcement officer or employee 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 customs officer; and any other person authorized to enforce the provisions of the convention, this chapter, and the regulations issued pursuant thereto, shall have power without warrant or other process to arrest any person subject to the jurisdiction of the United States committing in his

presence or view a violation of the convention or of this chapter, or of the regulations issued pursuant thereto and to take such person immediately for examination before a justice or judge or any other official designated in section 3041 of Title 18; and shall have power, without warrant or other process, to search any vessel subject to the jurisdiction of the United States when he has reasonable cause to believe that such vessel is engaging in fishing in violation of the provisions of the convention or this chapter, or the regulations issued pursuant thereto. Any person authorized to enforce the provisions of the convention, this chapter, or the regulations issued pursuant thereto 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 vessel, vehicle, person, or place at any time. The judges of the United States district 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. Any person authorized to enforce the provisions of the convention, this chapter, or the regulations issued pursuant thereto may, except in the case of a first offense, seize, whenever and wherever lawfully found, all fish taken or : retained, and all fishing gear involved in fishing, contrary to the provisions of the convention or this chapter or to regulations issued pursuant thereto. Any property so seized shall not be disposed of except pursuant to the order of a court of competent jurisdiction or the provisions of subsection (b) of this section, or, if perishable, in the manner prescribed by regulations of the Secretary of the Interior.

(b) Notwithstanding the provisions of section 2464 of Title 28, 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 property

Sec.

1001. Definitions.

seized if the process has been levied, on receiving from the claimant of the property a bond or stipulation for double the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the property 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. (Sept. 27, 1950, ch. 1054, § 11, 64 Stat. 1070.)

CHANGE OF NAME

References to United States commissioners to be deemed references to United States magistrates, see Pub. L. 90-578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1031 of this title. § 991. Appropriations.

There is hereby authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for carrying out the purposes and provisions of this chapter, including the United States share of the joint expenses of the Commission as provided in article XI of the convention; for the expenses of the United States Commissioners and authorized advisers. (Sept. 27, 1950, ch. 1054, § 12, 64 Stat. 1071.)

1002. Prohibition against discharge of oll or oily mixtures; permissible discharges; regulations..

1003. Excepted discharges; securing safety of ship; prevention of damage to ship or cargo; saving life; damaged ship or unavoidable leakage; residue from purification or clarification.

1004. Excepted discharges; olly mixtures from bilges. 1005. Penalties for violations; liability of vessel. 10. Suspension or revocation of license of officers of offending vessels.

1007. Personnel for enforcement of provisions; arrest of offenders and procedure; ship fittings and equipment; civil penalty.

1009. O record book.

(a) Printing; regulations by Secretary.

(b) Book supplied without charge; inspection and surrender.

(c) Operations requiring recordation.

(d) Entries; signatures.

(e) Rules and regulations.

(1) Penalties.

(c) The term "heavy diesel oil" means marine diesel oil, other than those distillates of which more than 50 per centum, by volume distills at a temperature not exceeding three hundred and forty degrees centigrade when tested by American Society for the Testing of Materials standard method D. 86/59;

(d) The term "mile" means a nautical mile of six thousand and eighty feet or one thousand eight hundred and fifty-two meters;

(e) The term "oil" means crude oil, fuel oil, heavy diesel oil, and lubricating oil, and "olly" shall be construed accordingly. An "oily mixture" means with an oil content of one hundred parts or more in one million parts of mixture.

(f) The term "person" means an individual, partnership, corporation, or association; and any owner, operator, agent, master, officer, or employee of a ship;

(g) The term "prohibited zones" means the zones described in section 1011 of this title as modified by notices, if any, of extension or reduction issued by the Secretary;

(h) The term "Secretary" means the Secretary of Transportation;

(1) The term "ship", subject to the exceptions provided in paragraph (1) of this subsection, means any seagoing vessel of any type whatsoever of American registry or nationality, including floating craft, whether self-propelled or towed by another vessel making a sea voyage; and "tanker", as a type included within the term "ship", means a ship in which the greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that part of its cargo space.

(1) The following categories of vessels are excepted from all provisions of this chapter:

(1) tankers of under one hundred and fifty tons gross tonnage and other ships of under five hundred tons gross tonnage.

(i) ships for the time being engaged in the whaling industry when actually employed on whaling operations.

(iii) ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far cast as the lower exit of Saint Lambert lock at Montreal in' the Province of Quebec, Canada.

(iv) naval ships and ships for the time being used as naval auxiliaries.

(1) The term "from the nearest land" means from the baseline from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958. (Pub. L. 87-167, § 2. Aug. 30, 1961, 75 Stat. 402; Pub. L. 89-551, § 1(2), Sept. 1, 1966, 80 Stat. 372.)

AMENDMENTS

1966 Subsec. (a). Pub. L. 89-551, § 1(2) (A), laserted " as amended" immediately following "International Convention for the Prevention of the Pollution of the Sea by Ol, 1954".

Subsec. (c). Pub. L. 89-551, § 1(2) (B), substituted "D. 86/59" for "D. 158/53".

Subsec. (e). Pub. L. 89-551, § 1(2) (C), struck out reference to persistent oils and struck out requirement that

the oll in an oily mixture fouls the surface of the sea. Subsec. (1). Pub. L. 89-551, § 1(2) (D), expanded the definition of "ship" to include seagoing vessels of any type whatsoever of American registry or nationality, including floating craft, whether self-propelled or towed by another vessel making a sea voyage, inserted a definition of "tanker", subjected tankers of 150 to 500 tons to the provisions of this chapter, and substituted the lower exit of Saint Lambert lock for the lower exit of the Lachine Canal as the point at Montreal, Canada, constituting the easternmost point of the Great Lakes and their tributary waters within which ships are excepted from the provisions of this chapter.

Subsec. (1). Pub. L. 89-551, §1(2)(E), added subsec. (1).

SHORT TITLE

Section 1 of Pub. L. 87-167, as amended by section 1(1) of Pub. L. 89-551, provided: "That this Act (which enacted this chapter), to implement the provisions of the International Convention for the Prevention of the Pollution of the Sea by O11, 1954, as amended, may be cited as the 'Oil Pollution Act. 1961. as amended'."

SEPARABILITY OF PROVISIONS

Section 15 of Pub. L. 87-167 provided that: "I a provision of this Act [this chapter] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act [this chapter] and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby."

TRANSFER OF FUNCTIONS

"Secretary of Transportation" was substituted for "Secretary of the Army" in par. (h) pursuant to Pub. L. 89670, Oct. 15, 1966, 80 Stat. 931, which transferred all functions, powers, and duties of the Secretary of the Army and other officers and offices of the Department of the Army under this chapter to the Secretary of Transportation. See section 1655 (g) (5) of Title 49, Transportation. § 1002. Prohibition against discharge of oil or oily mix. tures; permissible discharges; regulations. Subject to the provisions of sections 1003 and 1004 of this title, it shall be unlawful for any person to discharge oil or oily mixture from:

(a) a tanker within any of the prohibited zones. (b) a ship, other than a tanker, within any of the prohibited zones, except when the ship is proceeding to a port not provided with facilities adequate for the reception, without causing undue delay, it may discharge such residues and olly mixture as would remain for disposal if the bulk of the water had been separated from the mixture: Provided, such discharge is made as far as practicable from land.

(c) a ship of twenty thousand tons gross tonnage or more, including a tanker, for which the building contract is placed on or after the effective date of this chapter. However, if in the opinion of the master, special circumstances make it neither reasonable nor practicable to retain the ol or olly mixture on board, it may be discharged outside the prohibited zones. The reasons for such discharge shall be reported in accordance with the regulations prescribed by the Secretary. (Pub. L. 87-167, § 3, Aug. 30, 1961, 75 Stat. 402; Pub L. 89-551, § 1(3), Sept. 1, 1966, 80 Stat. 373.)

REFERENCES IN TEXT

For the effective date of this chapter. referred to i subsec. (c), see section 1015 of this title.