Subject to the provisions of the convention, any person authorized to enforce the convention and this Act 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 Act 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 Act 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 Act or the regulations of the Commission. EVIDENCE (e) 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. INSPECTION OF LICENSES (f) 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, c. 345, § 6, 61 Stat. 513; July 11, 1957, Pub. L. 85-102, § 3, 71 Stat. 294.) HISTORICAL NOTE 1957 Amendment. Subsec. (f) amended by Pub. L. 85–102, which inserted the words "or pink salmon". Effective Date of 1957 Amendment.-Amendment of subsec. (f) by Pub. L. 85-102 as 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. Transfer of Functions.-All functions of all officers of the Department of the Interior and all functions of all agencies and employees of the 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 those 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 note under section 481 of Title 5, Executive Departments and Government Officers and Employees, U.S. Code. All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that 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 those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 Fish and Wildlife Service.-The President by Ex. Ord. COOPERATION OF FEDERAL AGENCIES; CONDUCT OF SCIENTIFIC INVESTIGATIONS SEC. 7. (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, c. 345, § 7, 61 Stat. 514; July 11, 1957, Pub. L. 85-102, § 4, 71 Stat. 294.) HISTORICAL NOTE 1957 Amendment.-Subsec. (a) amended by Pub. L. 85102, which substituted the word "fisheries" for "fishery". APPROPRIATIONS SEC. 8. There are 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 Act, 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, c. 345, § 8, 61 Stat. 514.) SEPARABILITY SEC. 9. If any provision of this Act is held invalid for any cause, such invalidity shall not affect the other provisions hereof. EFFECTIVE DATE SEC. 10. This Act shall be effective thirty days from the date of its approval. 9. TUNA CONVENTIONS ACT OF 1950 Act of September 7, 1950 (64 Stat. 777), as amended (16 U.S.C. 951-961) SHORT TITLE SECTION 1. This Act may be cited as the "Tuna Conventions Act of 1950". Sec. 2. Definitions. TABLE OF CONTENTS Sec. 3. Commissioners; number, appointment, and qualifications. Sec. 4. Advisory Committee; composition; duties. Sec. 5. Commissioners and committeemen exempted from certain employment laws. Sec. 6. Secretary of State to act for United States. Sec. 7. Inspection of returns, records, or other reports. Sec. 8. Violations; fines and forfeitures; application of related laws. Sec. 9. Cooperation with other agencies. Sec. 10. Enforcement. Sec. 11. Commissions' functions not restrained by this Act or State laws. Sec. 13. Separability. Sec. 14. Effective date. DEFINITIONS SEC. 2. As used in this Act, 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) "enforcement agency" means such agency or agencies of the Federal Government as may be designated by the President to enforce the provisions of this chapter and of the conventions and of regulations adopted pursuant to the conventions or this chapter. (Sept. 7, 1950, c. 907, § 2, 64 Stat. 777.) 41-802-65- 9 115 COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS SEC. 3.-The United States shall be represented on the two commissions by a total of not more than four United States Commissioners, who shall be appointed by the President, serve as such during his pleasure, and receive no compensation for their services as such Commissioners. Of such Commissioners (a) not more than one shall be a person residing elsewhere than in a State whose vessels maintain a substantial fishery in the areas of the conventions; (b) at least one of the Commissioners who are such legal residents shall be a person chosen from the public at large, and who is not a salaried employee of a State or of the Federal Government; and (c) at least one shall be an officer of the United States Fish and Wildlife Service. (Sept. 7, 1950, c. 907, § 3, 64 Stat. 777.) ADVISORY COMMITTEE; COMPOSITION, DUTIES SEC. 4. The United States Commissioners shall (a) appoint an advisory committee which shall be composed of not less than five nor more than fifteen persons who shall be selected from the various groups participating in the fisheries included under the conventions, and (b) shal fix the terms of office of the members of such committee, who shall receive no compensation for their services as such members. The advisory committee shall be invited to attend all nonexecutive meetings of the United States sections and shall be given full opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the commissions. The advisory committee may attend all meetings of the international commissions to which they are invited by such commissions. (Sept. 7, 1950, c. 907, § 4, 64 Stat. 778.) COMMISSIONERS AND COMMITTEEMEN EXEMPTED FROM CERTAIN EMPLOY MENT LAWS SEC. 5. Service of an individual as a member of the commissions representing the United States appointed pursuant to section 32, or as a member of the advisory committee appointed pursuant to section 4, shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, and 284 of Title 18, United States Code, of section 190 of the Revised Statutes (5 U.S.C. sec. 99), 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, other than claims, proceedings or matters in connection with the conventions or this Act. (Sept. 7, 1950, c. 907, § 5, 64 Stat. 778.) SECRETARY OF STATE TO ACT FOR UNITED STATES SEC. 6. (a) The Secretary of State is authorized to approve or disapprove, on behalf of the United States Government, bylaws and rules, or amendments thereof, adopted by each commission and submitted for approval of the United States Government in accordance with the provisions of the conventions, and, with the concurrence of the Secretary of the Interior, to approve or disapprove the general annual programs of the commissions. The Secretary of State is further authorized to receive, on behalf of the United States Government reports, requests, recommendations, and other communications of the commissions, and to take appropriate action thereon either directly or by reference to the appropriate authority. (b) Regulations recommended by each commission pursuant to the convention requiring the submission to the commission of records of operations by boat captains or other persons who participate in the fisheries covered by the convention, upon the concurrent approval of the Secretary of State and the Secretary of the Interior, shall be promulgated by the latter and upon publication in the Federal Register, shall be applicable to all vessels and persons subject to the jurisdiction of the United States. (c) Regulations required to carry out recommendations of the commission made pursuant to paragraph 5 of article II of the Convention for the Establishment of an Inter-American Tropical Tuna Commission shall be promulgated as hereinafter provided by the Secretary of the Interior upon approval of such recommendations by the Secretary of State and the Secretary of the Interior. The Secretary of the Interior shall cause to be published in the Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking through (1) submission of written data, views, or arguments, and (2) oral presentation at a public hearing. Such regulations shall be published in the Federal Register and shall be accompanied by a statement of the considerations involved in the issuance of the regulations. After publication in the Federal Register such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary of the Interior shall prescribe, but in no event prior to an agreed date for the application by all countries whose vessels engage in fishing for species covered by the convention in the regulatory area on a meaningful scale, in terms of effect upon the success of the conservation program, of effective measures for the implementation of the commission's recommendations applicable to all vessels and persons subject to their respective jurisdictions. The Secretary of the Interior shall suspend at any time the application of any such regulations when, after consultation with the Secretary of State and the United States Commissioners, he determines that foreign fishing operations in the regulatory area are such as to constitute a serious threat to the achievement of the objectives of the commission's recommendations. The regulations thus promulgated may include the selection for regulation of one or more of the species covered by the convention; the division of the convention waters into areas; the establishment of one or more open or closed seasons as to each area; the limitation of the size of the fish and quantity of the catch which may be taken from each area within any season during which fishing is allowed; the limitation or prohibition of the incidental catch of a regulated species which may be retained, taken, possessed, or landed by vessels or persons fishing for other species of fish; the |