§ 1030. Penalties.

(a) Any person violating subsections (a), (b), or (c) of section 1029 of this title shall upon conviction be fined not more than $10,000, and for such offense the court may order forfeited, in whole or in part, the fish concerned in the offense, 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.

(b) Any person violating subsection (d) of section 1029 of this title shall upon conviction be fined not more than $10,000.

(c) Any person violating subsection (e) of section 1029 of this title shall upon conviction be fined not more than $10,000 and be imprisoned for not more than one year or both, and for such offense the court may order forfeited, in whole or in part the fish and fishing gear on board the vessel, or both, or the monetary value thereof. Such fish and fishing gear shall be disposed of in accordance with the direction of the court.

(d) Section 989 of this title shall not apply to violations for which penalties are provided in this section. (Aug. 12, 1954, ch. 669, § 11, 68 Stat. 700.) § 1031. Applicability of sections 986, 988, 989 and 990 of this title.

For the effective execution of this chapter, sections 986 (a) and (b), 988, 989 and 990 of this title shall be deemed to be incorporated herein in haec verba provided that regulations authorized by section 986 (a) of this title shall be adopted by the Secretary of the Interior on consultation with the United States Section and shall apply only to stocks of fish in the Convention area north of the parallel of north latitude of 48 degrees and 30 minutes: And provided further, That no such regulations shall apply in the Convention area south of the 49th parallel of north latitude with respect to sockeye salmon (Oncorhynchus nerka) or pink salmon (Oncorhyn

chus gorbuscha). (Aug. 12, 1954, ch. 669, § 12, 68 Stat. 700; July 24, 1957, Pub. L. 85-114, 71 Stat. 310.)

AMENDMENTS

1957-Pub. L. 85-114 provided that regulations shall apply to area north of parallel of north latitude of 48 degrees and 30 minutes but not south of 49th parallel of north latitude with respect to sockeye or pink salmon, in lieu of prior provisions that regulations apply to area "contiguous to territorial waters of Alaska".

§ 1032. Appropriations; use of funds.

(a) There is authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this chapter, including

(1) necessary travel expenses of the United States Commissioners without regard to the Standardized Government Travel Regulations, as amended, the Travel Expense Act of 1949, or section 73b of title 5; and

(2) the United States share of the joint expenses of the Commission; provided that the Commissioners shall not, with respect to commitments concerning the United States share of the joint expenses of the Commission, be subject to the provisions of section 262 (b) of Title 22 insofar as they limit the authority of United States representatives to international organizations with respect to such commitments.

(b) Such funds as shall be made available to the Secretary of the Interior for research and related activities shall be expended to carry out the program of the Commission in accordance with recommendations of the United States Section. (Aug. 12, 1954, ch. 669, § 13, 68 Stat. 701.)

REFERENCES IN TEXT

The Travel Expense Act of 1949, referred to in the text, is now covered by section 2105 and section 5701 et seq. of Title 5, Government Organization and Employees.

Section 73b of title 5, referred to in subsec. (a) (1), is now covered by section 5731 of Title 5, Government Organization and Employees.

for the Preservation of the Halibut Fishery of the Northern Pacific Area and Bering Sea to approve or reject actions of the International Pacific Halibut Commission was delegated to the Secretary of State, see Ex. Ord. No. 11467, May 1, 1969, 34 F.R. 7271, set out as a note under section 1025 of this title.

ADMISSION OF ALASKA AS STATE

Alaska Statehood provisions as not affecting the rights of the United States under this chapter, see section 6(e) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions.

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

§ 772a. Definitions.

When used in sections 772 to 772i of this title

1 So in original. Probably should be section 262b of Title 22.

(a) Convention: The word "Convention" means the Convention between the United States and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa on the 2d day of March 1953 and any other treaty or convention which modifies or replaces that Convention, and shall include the regulations promulgated thereunder.

(b) Commission: The word "Commission" means the Commission provided for in the Convention. (c) Person: The word "person" includes partnerships, associations, and corporations.

(d) Territorial waters of the United States: The term "Territorial waters of the United States" means the Territorial waters contiguous to the western coast of the United States and the territorial waters contiguous to the southern and western coasts of Alaska.

(e) Territorial waters of Canada: The term "territorial waters of Canada" means the territorial waters contiguous to the western coast of Canada.

(f) Convention waters: The term "Convention waters" means the territorial waters of the United States, the territorial waters of Canada, and the high seas of the Northern Pacific Ocean and the Bering Sea, extending westerly from the limits of the territorial waters of the United States and of Canada.

(g) Halibut: The word "halibut" means the species of Hippoglossus inhabiting Convention waters.

(h) Vessel: The word "vessel" includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water. (June 28, 1937, ch. 392, § 2, 50 Stat. 325; Aug. 8, 1953, ch. 382, 67 Stat. 494.)

AMENDMENTS

1953-Subsec. (a). Act Aug. 8, 1953, substituted "2d day of replaces that Convention" for "29th day of January 1937" and deleted "of the International Fisheries Commission" preceding "promulgated".

Subsec. (b). Act Aug. 8, 1953, substituted "Commission provided for in the Convention" for "International Fisheries Commission provided for by article III of the Convention".

EFFECTIVE DATE OF 1953 AMENDMENT

Act Aug. 8, 1953, provided in part that: "This Act [amending subsecs. (a) and (b) of this section] shall take effect on the date of entry into force of the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa, March 2, 1953."

SECTION Referred to IN OTHER SECTIONS

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

§ 772b. Acts unlawful.

It shall be unlawful for

(a) any person other than a national or inhabitant of the United States to catch or attempt to catch any halibut in the territorial waters of the United States;

(b) any person to transfer to or to receive upon any vessel of the United States, or to bring to any place within the jurisdiction of the United States any halibut caught in Convention waters by the use of any vessel of a nation not a party to the Conven. tion, or caught in Convention waters by any national or inhabitant of the United States or Canada in violation of the Convention or of sections 772 to 772i of this title;

(c) any national or inhabitant of the United States to catch, attempt to catch, or to possess any halibut in the territorial waters of the United States or in Convention waters in violation of any provision of the Convention or of sections 772 to 772i of this title;

(d) any person within the territory or jurisdiction of the United States to furnish, prepare, outfit, or provision any vessel, other than a vessel of the United States or Canada, in connection with any voyage during which such vessel is intended to be, is being, or has been employed in catching, attempting to catch, or possessing any halibut in Convention waters or the territorial waters of the United States or Canada;

(e) any person within the territory or jurisdiction of the United States to furnish, prepare, outfit, or provision any vessel of the United States or Canada in connection with any voyage during which such vessel is intended to be, is being, or has been employed in catching, attempting to catch, or possessing any halibut in violation of any provision of the Convention or of sections 772 to 772i of this title;

(f) any person within the territory or jurisdiction of the United States or any national or inhabitant of the United States within Convention waters knowingly to have or have had in his possession any halibut taken, transferred, received, or brought in in violation of any provision of the Convention or of sections 772 to 772i of this title;

(g) any person to depart from any place within the jurisdiction of the United States in any vessel which departs from such place in violation of the Convention or of sections 772 to 7721 of this title;

(h) any person in the territorial waters of the United States or any national or inhabitant of the United States in Convention waters to catch or attempt to catch any halibut, or to possess any halibut caught incidentally to fishing for other species of fish by the use of or in any vessel required by the Convention to have on board any license or permit unless such vessel shall have on board a license or permit which shall comply with all applicable requirements of the Convention, and which shall be available for inspection at any time by any officer authorized to enforce the Convention or by any representative of the Commission;

(i) any person to take, retain, land, or possess any halibut caught incidentally to fishing for other species of fish, in violation of any provision of the Convention or of sections 772 to 772i of this title. (June 28, 1937, ch. 392, § 3, 50 Stat. 326.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 772, 7728, 772d, 772e, 772g, 772h, 772i of this title.

§ 772c. Records and reports of master or owner.

It shall be unlawful for the master or owner or person in charge of any vessel or any other person required by the Convention to make, keep, or furnish any record or report, to fail to do so, or to refuse to permit any officer authorized to enforce the Convention or any representative of the Commission to examine and inspect any such record or report at any time. (June 28, 1937, ch. 392, § 4, 50 Stat. 327.)

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 772d. Enforcement; arrest and seizure; detention; testimony of officers.

(a) The provisions of the Convention and of sections 772 to 772i of this title and any regulations issued under said sections shall be enforced by the Coast Guard, the Customs Service, and the Fish and Wildlife Service. For such purposes any officer of the Coast Guard, Customs, or Fish and Wildlife Service may at any time go on board of any vessel in territorial waters of the United States, or any vessel of the United States or Canada in Convention waters, except in the territorial waters of Canada, to address inquiries to those on board and to examine, inspect, and search the vessel and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel, and use all necessary force to compel compliance.

(b) Whenever it appears to any such officer that any person, other than a national or inhabitant of Canada, on any vessel of the United States is violating or has violated any provision of the Convention or of sections 772 to 772i of this title, he shall arrest such person and seize any such vessel employed in such violation. If any such person on any such vessel of the United States is a national or inhabitant of Canada, such person shall be detained and shall be delivered as soon as practicable to an authorized officer of Canada at the Canadian port or place nearest to the place of detention or at such other port or place as such officers of the United States and of Canada may agree upon.

(c) Whenever it appears to any such officer of the United States that any person, other than a national or inhabitant of the United States, on any vessel of Canada in Convention waters, except in the territorial waters of Canada, is violating or has violated any provision of the Convention, such person, and any such vessel employed in such violation, shall be detained and such person and such vessel shall be delivered as soon as practicable to an authorized officer of Canada at the Canadian port or place nearest to the place of detention, or at such other port or place as such officers of the United States and of Canada may agree upon. If any such person on any such vessel of Canada is a national or inhabitant of the United States, such person shall be arrested as provided for in subsection (b) of this section.

(d) Officers or employees of the Coast Guard, Customs, and Fish and Wildlife Service may be directed to attend as witnesses and to produce such available records and files or certified copies thereof as may be produced compatibly with the public interest and as may be considered essential to the prosecution in Canada of any violation of the provisions of the Convention or any Canadian law for the enforcement thereof when requested by the appropriate Canadian authorities in the manner prescribed in article V of the Convention to suppress smuggling concluded between the United States and Canada on June 6, 1924 (44 Stat. (pt. 3), 2097). (June 28, 1937, ch. 392, § 5, 50 Stat. 327; 1939 Reorg. Plan No. II, § 4 (e), eff.

July 1, 1939, 4 F. R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232.)

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 Departments, 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 performance 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 Customs Service, referred to in this section, is a service under the Treasury Department, and the Coast Guard, also referred to in this section, is generally a service under such Department, but such Plan excepted, from the transfer, functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

1939 Reorg. Plan No. II, set out in the Appendix to Title 5, transferred the Bureau of Fisheries in the Department of Commerce and its functions to the Department of the Interior.

1940 Reorg. Plan No. III, set out in the Appendix to Title 5, consolidated the Bureau of Fisheries and the Bureau of Biological Survey into the Fish and Wildlife Service in the Department of the Interior, and abolished the offices of Commissioner and Deputy Commissioner of Fisheries.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 772e. Penalties and forfeitures.

(a) Any person violating any provision of section 772b of this title upon conviction shall be fined not more than $1,000 nor less than $100 or be imprisoned for not more than one year, or both.

(b) The cargo of halibut of every vessel employed in any manner in connection with the violation of any provision of section 772b of this title shall be forfeited; upon a second violation of the provisions of said section, every such vessel, including its tackle, apparel, furniture, and stores may be forfeited and the cargo of halibut of every such vessel shall be forfeited; and, upon a third or subsequent violation of the provisions of said section, every such vessel, including its tackle, apparel, furniture, cargo, and stores shall be forfeited.

(c) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of sections 772 to 7721 of this title, insofar as such provisions of law are applicable and not inconsistent with the provisions of said sections: Provided, That except as provided in section 772d of this title all rights, powers, and duties conferred or imposed by said sections upon any officer or employee of the

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 7721 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.

Unlawful activities. Penalties.

Arrests; enforcement officers; warrants and processes; searches and seizures; stay of execution; bond or stipulation. Appropriations.

§ 981. Definitions.

When used in this chapter

(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. The 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

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