shall knowingly purchase or receive any such black bass or other fish which has been transported in violation of the provisions of this Act; nor shall any person receiving any shipment of black bass or other fish transported in interstate commerce make any false record or render a false account of the contents of such shipment. (May 20, 1926, c. 346, § 2, 44 Stat. 576; July 2, 1930, c. 801, 46 Stat. 845; July 30, 1947, c. 348, 61 Stat. 517; July 16, 1952, c. 911, § 2, 66 Stat. 736.) HISTORICAL NOTE 1952 Amendment.-Act July 16, 1952, amended section by substituting "fish" for "game fish" wherever appearing. 1947 Amendment.-Act July 30, 1947, amended section to include other game fish in addition to black bass, omitted references to particular species of black bass, and inserted general provisions with reference to acts contrary to other applicable laws. 1926 Amendment.-Prior to amendment by Act May 20, 1926, this section read as follows: "It shall be unlawful for any common carrier for transportation, or for any common carrier or for any person knowingly to transport or carry, by any means whatsoever, from any State, Territory, or the District of Columbia, to or through any other State, Territory, or the District of Columbia, or to or through any foreign country, any largemouth black bass (Micropterus salmoides) or any smallmouth black bass (Micropterus dolomeiu) which has either been caught, sold, purchased, possessed in violation of the law of the State, Territory, or the District of Columbia wherein the delivery of such black bass for transportation is made or the transaction or the carrying thereof begins." PACKAGES AND CONTAINERS or SEC. 3. Any package or container containing such fish transported or delivered for transportation in interstate commerce, except any shipment covered by section 9, shall be clearly and conspicuously marked on the outside thereof with the name "Fish", an accurate statement of the number of species of such fish contained therein, and the names and addresses of the shipper and consignee. (May 20, 1926, c. 346, § 3, as added July 2, 1930, c. 801, 46 Stat. 846, and amended July 30, 1947, c. 348, 61 Stat. 517; July 16, 1952, c. 911, § 2, 66 Stat. 736.) HISTORICAL NOTE 1952 Amendment.-Act July 16, 1952, amended section by substituting "fish" for "game fish" wherever appearing. 1947 Amendment.-Act July 30, 1947, amended section by substituting "game fish" for "black bass" and by inserting provision as to each species of fish. APPLICATION OF STATE LAWS ON ARRIVAL IN STATE; ORIGINAL PACKAGE SEC. 4. All such black bass or other fish transported into any State, Territory, or the District of Columbia for use, consumption, sale, or storage therein shall upon arrival in such State, Territory, or the Dis trict of Columbia be subject to the operation and effect of the laws of such State, Territory, or the District of Columbia to the same extent and in the same manner as though such fish had been produced in such State, Territory, or the District of Columbia, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. (May 20, 1926, c. 346, § 4, as added July 2, 1930, c. 801, 46 Stat. 846, and amended July 30, 1947, c. 348, 61 Stat. 517; July 16, 1952, c. 911, § 2, 66 Stat. 736.) HISTORICAL NOTE 1952 Amendment.-Act July 16, 1952, amended section by 1930 Amendment.-Act July 2, 1930, amended section gen- EXPENDITURES; PUBLICATIONS; INVESTIGATIONS; REGULATIONS AND THEIR VIOLATIONS SEO. 5. The Secretary of the Interior is authorized (1) to make such expenditures, including expenditures for personal services at the seat of government and elsewhere, and for cooperation with local, State, and Federal authorities, including the issuance of publications, and necessary investigations, as may be necessary to execute the functions imposed upon him by this Act and as may be provided for by Congress from time to time; and (2) to make such regulations as he deems necessary to carry out the purposes of this Act. Any person violating any such regulation shall be deemed guilty of a violation of this Act. (May 20, 1926, c. 346, § 5, as added July 2, 1930, c. 801, 46 Stat. 846, and amended 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1947, c. 348, 61 Stat. 517.) HISTORICAL NOTE 1947 Amendment.-Act July 30, 1947, repeated section without change. 1930 Amendment.-Act July 2, 1930, amended section generally, and re-enacted provisions for the shipment of live fish for breeding or stocking purposes as section 9. Transfer of Functions.-1939 Reorg. Plan No. II transferred the Bureau of Fisheries in the Department of Commerce and its functions to the Department of the Interior, to be administered under the direction and supervision of the Secretary of the Interior. ARRESTS WITHOUT WARRANT; SEARCHES AND SEIZURES; FORFEITURES SEC. 6. (a) Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this Act (1) shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this Act or any regulation made in pursuance of this Act; and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; (2) shall have power to execute any war rants or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this Act or regulations made in pursuance thereof; and (3) shall have authority with a search warrant issued by an officer or court of competent jurisdiction, to make search in accordance with the terms of such warrant. Any judge of a court established under the laws of the United States, or any United States commissioner may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. (b) All fish delivered for transportation or which have been transported, purchased, received, or which are being transported, in violation of this chapter, or any regulations made pursuant thereto, shall, when found by such employee or by any marshal or deputy marshal, be summarily seized by him and placed in the custody of such persons as the Secretary of the Interior shall by regulations prescribe, and shall, as a part of the penalty and in addition to any fine or imprisonment imposed under section 7 of this Act, be forfeited by such court to the United States upon conviction of the offender under this Act; or upon judgment of the court that the same were transported, delivered, purchased, or received in violation of this Act or regulations made pursuant thereto. (May 20, 1926, c. 346, § 6, as added July 2, 1930, c. 801, 46 Stat. 846, and amended 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1947, c. 348, 61 Stat. 517.) HISTORICAL NOTE 1947 Amendment.-Act July 30, 1947, amended section by subsituting "warrants" for "warrant" in subsec. (a), and by making changes in punctuation in both subsections. 1930 Amendment.-Act July 2, 1930, amended section generally. PENALTY SEC. 7. In addition to any forfeiture herein provided, any person who shall violate any of the provisions of this Act shall, upon conviction thereof, be punished by a fine of not exceeding $200, or imprisonment for a term of not more than three months, or by both such fine and imprisonment, in the discretion of the court. (May 20, 1926, c. 346, 87, as added July 2, 1930, c. 801, 46 Stat. 847, and amended July 30, 1947, c. 348, 61 Stat. 517.) HISTORICAL NOTE 1947 Amendment.-Act July 30, 1947, repeated section without change. 1930 Amendment.-The provisions set out in the text of this The clause "In addition to any forfeiture provided in this EFFECT ON POWER OF STATES SEC. 8. Nothing in this Act shall be construed to prevent the several States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of this Act, or from making or enforcing laws or regulations which shall give further protection to black bass and other fish. (May 20, 1926, c. 346, § 8, as added July 2, 1930, c. 801, 46 Stat. 847, and amended July 30, 1947, c. 348, 61 Stat. 517; July 16, 1952, c. 911 § 2, 66 Stat. 736.) HISTORICAL NOTE 1952 Amendment.-Act July 16, 1952, amended section by substituting "fish" for "game fish" wherever appearing. 1947 Amendment.-Act July 30, 1947, amended section by omitting reference to particular species of black bass, and included other game fish in addition to black bass. 1930 Amendment. The provisions set out in the text of this section, prior to Act July 2, 1930, were contained in section 4 of Act May 20, 1926. Act July 2, 1930, amended Act May 20, 1926, as a whole and designated these provisions as section 8. EFFECT ON SHIPMENTS FOR BREEDING OR STOCKING SEC. 9. Nothing in this Act shall be construed to prevent the shipment in interstate commerce of any fish or eggs for breeding or stocking purposes if they were caught, taken, sold, purchased, possessed, or transported in accordance with the law of the State, the District of Columbia, or Territory in which they were caught, taken, sold, purchased, possessed, or transported. (May 20, 1926, c. 346, § 9, as added July 2, 1930, c. 801, 46 Stat. 847, and amended July 30, 1947, c. 348, 61 Stat. 517; Aug. 25, 1959, Pub. L. 86-207, 73 Stat. 430.) HISTORICAL NFTE 1959 Amendment.-Pub. L. 86-207 amended section to substitute "any fish or eggs" for "live fish and eggs" and to add the conditional clause. 1947 Amendment.-Act July 30, 1947, repeated section without change. 1930 Amendment.-The provisions set out in the text of this section, prior to Act July 2, 1930, were contained in section 5 of Act May 20, 1926. Act July 2, 1930, amended Act May 20, 1926, as a whole and designated the provisions as section 9. Legislative History.-For legislature history and purpose of Pub. L. 86-207, see 1959 U.S. Code Cong. and Adm. News, p. 2182. STEELHEAD TROUT OF COLUMBIA RIVER NOT INCLUDED SEC. 10. The provisions of this Act as relating to fish shall not apply to steelhead trout (Salmo gairdneri) legally taken in the Columbia River between the States of Washington and Oregon. (May 20, 1926, c. 346, § 10, as added July 30, 1947, c. 348, 61 Stat. 517, and amended July 16, 1952, c. 911, § 2, 66 Stat. 736.) HISTORICAL NOTE 1952 Amendment.-Act July 16, 1952, amended section by substituting "fish" for "game fish" wherever appearing. K. State compacts 1. CONSENT TO CERTAIN EASTERN STATES RE FISHING IN Act of June 8, 1940 (54 Stat. 261; 16 U.S.C. 667a) STATE COMPACTS FOR REGULATION OF FISHING IN TERRITORIAL OR INLAND WATERS SECTION 1. The consent of Congress is given to any two or more of the States of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida, to enter into compacts or agreements, not in conflict with any law of the United States, for cooperative effort and mutual assistance for the uniform, common, or mutual regulation of fishing or of any species of fish, mollusks, or crustacea in the territorial waters and bays and inlets of the Atlantic Ocean on which such States border or to which their jurisdiction otherwise extends and of anadromous fish spawning in the inland waters of those States. SEC. 2. The consent of Congress is granted to States other than those specified but which have jurisdiction over inland waters frequented by anadromous fish of the sea to enter into compacts or agreements authorized by this section. SEC. 3. The consent of Congress is given to any of the aforementioned States to establish such agencies or authorities, joint or otherwise, as they may deem desirable for making effective compacts or agreements authorized in this section. SEC. 4. Any such compact or agreement shall not be binding or obligatory upon the signatory States unless it has been approved by the legislatures of such States and by the Congress of the United States. SEC. 5. The right to alter, amend, or repeal this resolution is hereby expressly reserved. (June 8, 1940, c. 295, §§ 1-5, 54 Stat. 261.) 137 |