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JURISDICTION OF PROSECUTIONS

SEC. 4. Any violation of the provisions of this Act shall be prosecuted in the district court of the United States of the district wherein the offender is found or into which he is first brought. (Aug. 15, 1914, c. 253, § 4, 38 Stat. 692.)

ENFORCEMENT

SEC. 5. The Secretary of the Interior shall enforce the provisions of this Act, and he is authorized to empower such officers and employees of the Department of the Interior as he may designate, or such officers and employees of other departments as may be detailed for the purpose, to make arrests and seize vessels and sponges, and upon his request the Secretary of the Treasury may employ the vessels of the Coast Guard or the employees of the Customs Service to that end. (Aug. 15, 1914, c. 253, § 5, 38 Stat. 692; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; Aug. 4, 1949, c. 393, §§ 1, 20, 63 Stat. 495, 561.)

HISTORICAL NOTE

1949 Amendment.-Act Aug. 4, 1949, amended section by reestablishing the Coast Guard and by repealing Act Jan. 28, 1915, c. 20, § 1, 38 Stat. 800.

Effective Date of 1949 Amendment.-Amendment of section by Act Aug. 4, 1949, effective as of the first day of the third month after the month of approval, August 1949, see note set out preceding chapter 1 of Title 14, Coast Guard, U.S. Code.

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 the 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 F.R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. 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 the Department, but the 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, which is set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees, 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.

1940 Reorg. Plan III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, also set out in note under section 133t of Title 5, consolidated the Bureau of Fisheries and the Bureau of Biological Survey with their respective functions into one agency in the Department of the Interior to be known as the Fish and Wildlife Service, and provided that the functions of the consolidated agency shall be administered under the direction and supervision of the Secretary of the Interior.

FORMER ACT REPEALED

SEC. 6. That the Act approved June twentieth, nineteen hundred and six, entitled "An Act to regulate the landing, delivery, cure, and sale of sponges" and all other laws in conflict herewith be, and the same hereby are, repealed.

2. IMPORTATION OF CERTAIN MOLLUSKS

Act of September 22, 1951 (65 Stat. 335)

PREVENTION OF ENTRY INTO UNITED STATES OF CERTAIN MOLLUSKS

The Secretary of Agriculture shall establish such facilities for, and prescribe such regulations governing, the inspection and treatment of produce, baggage, salvaged war materials, and other goods entering the United States from areas infested with any terrestrial or fresh-water mollusk, as he considers necessary to prevent the entry of such mollusks into the United States. Whoever violates any such regulation or imports such a mollusk into the United States shall be fined not more than $500 or imprisoned not more than one year, or both. The term "United States", as used in this Act in a territorial sense, means the forty-eight States, the District of Columbia, the possessions of the United States (except those which the Secretary of Agriculture finds are infested with such mollusks), and the Canal Zone.

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41-802-65

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3. PROTECTION OF SEA LIONS IN ALASKA

Act of June 16, 1934 (48 Stat. 976), as amended (16 U.S.C. 659)

SEA LIONS; ACTS PROHIBITING KILLING REPEALED; REGULATIONS All Acts and parts of Acts making it unlawful to kill sea lions, as game animals or otherwise, in the waters of the Territory of Alaska are repealed: Provided, however, That sea lions shall not be killed in the waters of Alaska except under such rules and regulations as the Secretary of the Interior may prescribe, in order to prevent the extinction of sea lions as a species of interesting sea life in the waters of Alaska. (June 16, 1934, c. 556, 48 Stat. 976; 1939 Reorg. Plan No. II, § 4(e), 4 F.R. 2731, 53 Stat. 1433.)

NOTE

See Alaska Statehood Act regarding authority since statehood. Also Submerged Lands Act.

196

O. Proclamation re coastal fisheries in certain areas of the high

seas

Proclamation No. 2668 (3 CFR 68, 1943-48 Comp.)

POLICY OF THE UNITED STATES WITH RESPECT TO COASTAL FISHERIES IN CERTAIN AREAS OF THE HIGH SEAS

Whereas for some years the Government of the United States of America has viewed with concern the inadequacy of present arrangements for the protection and perpetuation of the fishery resources contiguous to its coasts, and in view of the potentially disturbing effect of this situation, has carefully studied the possibility of improving the jurisdictional basis for conservation measures and international cooperation in this field; and

Whereas such fishery resources have a special importance to coastal communities as a source of livelihood and to the nation as a food and industrial resource; and

Whereas the progressive development of new methods and techniques contributes to intensified fishing over wide sea areas and in certain cases seriously threatens fisheries with depletion; and

Whereas there is an urgent need to protect coastal fishery resources from destructive exploitation, having due regard to conditions peculiar to each region and situation and to the special rights and equities of the coastal State and of any other State which may have established a legitimate interest therein;

Now, therefore, I, Harry S. Truman, President of the United States of America, do hereby proclaim the following policy of the United States of America with respect to coastal fisheries in certain areas of the high seas:

In view of the pressing need for conservation and protection of fishery resources, the Government of the United States regards it as proper to establish conservation zones in those areas of the high seas contiguous to the coasts of the United States wherein fishing activities have been or in the future may be developed and maintained on a substantial scale. Where such activities have been or shall hereafter be developed and maintained by its nationals alone, the United States regards it as proper to establish explicitly bounded conservation zones in which fishing activities shall be subject to the regulation and control of the United States. Where such activities have been or shall hereafter be legitimately developed and maintained jointly by nationals of the United States and nationals of other States, explicitly bounded conservation zones may be established under agreements between the United States and such other States; and all fishing activities in such zones shall be subject to regulation and control as provided in such agreements. The right of any State to establish conservation zones off its shores in accordance with the above principles is conceded,

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