CROSS REFERENCE

Fish and Wildlife Service, see Fish and Wildlife Act of 1956 (70 Stat. 1119), as amended (16 U.S.C. sec. 742a et seq.)

ENFORCEMENT; POWERS OF ARREST, SEARCH, AND SEIZURE; FORFEITURE

SEC. 10. Any officer or employee of the Department of the Interior authorized by the Secretary, any naval or other officer designated by the President, any marshal or deputy marshal, any collector or deputy collector of customs, and any other person authorized by law to enforce the provisions of this Act shall have power, without warrant, to arrest any person committing a violation of said sections or any regulation made pursuant thereto in his presence or view, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; and shall have power, without warrant, to search any vessel within any of the territorial waters of the United States, or any vessel of the United States on the high seas, when he has reasonable cause to believe that such vessel is subject to seizure under this section. Any officer, employee, or other person authorized to enforce the provisions of this Act shall have power to execute any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of said sections, and shall have power with a search warrant to search any person, vessel, or place at any time. The judges of the courts established under the laws of the United States, and the United States commissioners, may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. All fur seals and sea otters, or the skins thereof, killed, captured, transported, imported, offered for sale, or possessed contrary to the provisions of said sections or of any regulation made pursuant thereto, and any vessel used or employed contrary to the provisions of said sections or of any regulation made pursuant thereto, or which it reasonably appears has been or is about to be used or employed in or in aid of the performance of any act forbidden by the provisions of said sections or of any regulation made pursuant thereto, together with its tackle, apparel, furniture, appurtenances, and cargo, may, whenever and wherever lawfully found, be seized by any such officer, employee, or other person. (Feb. 26, 1944, c. 65, § 10, 58 Stat. 102.)

HISTORICAL NOTE

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 Reorganization Plan No. 3, §§ 1, 2, effective 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, United States Code.

PUNISHMENT FOR VIOLATION OF LAW

SEC. 11. Except where otherwise expressly provided in sections 631a-631q of this title, any person violating any provision of said sections or any regulation made pursuant thereto shall be punished for each such offense, upon conviction thereof, by a fine of not less than $200 nor more than $2,000, or by imprisonment for not more than six months, or by both fine and imprisonment. All fur seals or sea otters, or the skins thereof, killed, captured, transported, imported, offered for sale, or possessed contrary to any provision of said. sections or any regulation made pursuant thereto shall be forfeited to the United States and shall be disposed of pursuant to section 631e of this title. Any vessel used or employed contrary to any provision of this Act or of any regulation made pursuant thereto shall, together with its tackle, apparel, furniture, appurtenance, and cargo, be forfeited to the United States and shall be disposed of as directed by the court having jurisdiction. (Feb. 26, 1944, c. 65, § 11, 58 Stat. 103.)

DUTIES OF COLLECTORS OF CUSTOMS

SEC. 12. It shall be the duty of all collectors of customs to enforce the provisions of sections 631a-631q of this title with respect to the importation of the skins of fur seal and sea otter. (Feb. 26, 1944, c. 65, § 12, 58 Stat. 103.)

SEIZURE OF PERSONS OR VESSELS OUTSIDE OF JURISDICTION OF SIGNATORY POWERS

SEC. 13. Any person or vessel described in section 631b of this title in any of the waters of the North Pacific Ocean designated in any furseal agreement, including in any event the waters north of the thirtieth parallel of north latitude and east of the one hundred and eightieth meridian, violating or being about to violate the prohibitions of this Act against pelagic sealing may be seized and detained by the naval or other duly commissioned officers of any of the parties to such fur-seal agreement other than the United States, except within the territorial jurisdiction of one of the other said parties, on condition, however, that when such person or vessel is so seized and detained by officers of any party other than the United States, such person or vessel shall be delivered as soon as practicable at the nearest point to the place of seizure, with witnesses and proofs necessary to establish the offense so far as they are under the control of such party, to the proper official of the United States, whose courts alone shall have jurisdiction to try the offense and impose penalties for the same. The said officers of any party to any such fur-seal agreement other than the United States shall seize and detain persons and vessels, as in this section specified, only after such party, by appropriate legislation or otherwise, shall have authorized naval or other officers of the United States duly commissioned and instructed by the President to that end to seize, detain, and deliver to the proper officers of such party vessels and persons under the jurisdiction of that government offending against any such fur-seal agreement, or any statute or regulation made by that government to enforce any such fur-seal

agreement. Upon the giving of such authority by such party, such naval or other officers of the United States shall have authority to make the seizures, detentions, and deliveries described. The President of the United States shall determine by proclamation when such authority has been given by the other party to any such fur-seal agreement, and his determination shall be conclusive upon the question; such proclamation may be modified, amended, or revoked by proclamation of the President whenever in his judgment it is deemed expedient. (Feb. 26, 1944, c. 65, § 13, 58 Stat. 103.)

GUARD OR PATROL OF WATERS

SEC. 14. It shall be the duty of the President to cause a guard or patrol to be maintained in the waters frequented by the seal herds and sea otter in the protection of which the United States is especially interested, composed of naval or other public vessels of the United States designated by him for such service. (Feb. 26, 1944, c. 65, § 14, 58 Stat. 104.)

RECEIPT AND DISPOSAL OF SKINS BY UNITED STATES

SEC. 15. The Secretary shall have authority to receive on behalf of the United States any fur sealskins taken by any party to any fur-seal agreement and tendered for delivery by such party in accordance with the terms of such fur-seal agreement, and all skins which are or shall become the property of the United States from any source whatsoever shall be disposed of in accordance with the provisions of this act. The Secretary likewise shall have authority to deliver to the authorized agents of any government that is a party to a fur-seal agreement the skins to which such government is entitled under the provisions of such fur-seal agreement and to do or perform, or cause to be done or performed, any act which the United States is authorized or obliged to do or perform by the provisions of such fur-seal agreement. (Feb. 26, 1944, c. 65, § 15, 58 Stat. 104.)

KILLING, CAPTURING CERTAIN FUR-BEARING ANIMALS FOR SCIENTIFIC PURPOSES

SEC. 16. Nothing contained in sections 631a-631q of this title shall apply to the killing, capturing, pursuing, transportation, importation, offering for sale, or possession of fur seals or sea otters, or the skins thereof, for scientific purposes under special permit issued therefor by the Secretary. (Feb. 26, 1944, c. 65, § 16, 58 Stat. 104.)

SECRETARY'S POWERS AND DUTIES

SEC. 17. The Secretary shall supervise and direct the administration of this act through the Fish and Wildlife Service and shall make all regulations necessary for the enforcement of said sections and any fur-seal agreement. It shall be his duty to provide for the enforcement of all of the provisions of said sections and of the regulations issued thereunder, except to the extent otherwise provided for in said sections, and to cooperate with other Federal agencies and with the duly authorized officials of the Government of any party to any fur

seal agreement in the enforcement of such agreement. Out of such moneys as may be appropriated for such purposes, he shall employ in Washington, District of Columbia, and elsewhere such individuals and means as he may deem necessary for the administration of said sections and of any other function imposed upon him by any fur-seal agreement. (Feb. 26, 1944, c. 65, § 17, 58 Stat. 104.)

REPEALS

SEC. 18. All Acts and parts of Acts inconsistent with the provisions of this Act, including but not limited to the following, are hereby repealed: Sections 1956, 1959, 1960, and 1961 of the Revised Statutes of the United States; Act of February 21, 1893 (27 Stat. 472, ch. 150); Act of April 6, 1894 (28 Stat. 52); Act of December 29, 1897 (30 Stat. 226, ch. 3); Act of April 21, 1910 (36 Stat. 326, ch. 183); Act of August 24, 1912 (37 Stat. 499, ch. 373); and joint resolution of June 22, 1916 (39 Stat. 236, ch. 171), all as amended.

HISTORICAL NOTE

Sections 1-13 of the Act of August 24, 1912, c. 373 (37 Stat. 499), relating to fur-bearing seals and fur-bearing animals, and giving effect to the Treaty of July 7, 1911, between the United States, Great Britain, Japan, and Russia, were terminated on the authority of section 13 of the Fur Seal Act when Japan abrogated the treaty on October 23, 1940, effective October 23, 1941.

IMPLEMENTATION

SEC. 19. The provisions of this Act which implement the Provisional Fur-Seal Agreement of 1942 concluded between the United States of America and Canada shall remain in effect only for the duration of the present hostilities and twelve months thereafter unless either the Government of the United States of America or the Government of Canada enacts legislation contrary thereto, or until twelve months after either Government shall have notified the other Government of its intention to terminate the agreement.

HISTORICAL NOTE

This section of the Fur Seal Act of 1944 was specifically repealed by the Act of July 25, 1947 (61 Stat. 449, 450).

2. GREAT LAKES FISHERY ACT OF 1956

Act of June 4, 1956 (70 Stat. 242; 16 U.S.C. 931-939c)

SHORT TITLE

SEC. 1. This Act may be cited as the "Great Lakes Fishery Act of 1956".

Sec. 2. Definitions.

TABLE OF CONTENTS

Sec. 3. Commissioners; appointment.

Sec. 4. Advisory Committee; appointment and number of members; meetings. Sec. 5. Conflict of interests statutes inapplicable.

Sec. 6. Acquisition of real property; construction; agreements.

Sec. 7. Secretary of Interior; authority.

Sec. 8. United States Section as agency of United States.

Sec. 9. Notice of proposals.

Sec. 10. Transmission of recommendations.

Sec. 11. Cooperation with other agencies.

Sec. 12. State laws and regulations.

Sec. 13. Appropriations.

Sec. 14. Separability.

DEFINITIONS

SEC. 2. As used in this Act, the term

(a) "Convention" means the Convention on Great Lakes Fisheries between the United States of America and Canada signed at Washington September 10, 1954;

(b) "Commission" means the Great Lakes Fishery Commission provided for by article II of the convention;

(c) "United States Section" means the United States Commissioners on the Commission;

(d) "Great Lakes State" means any of the following States: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin;

(e) "Great Lakes" means any of the following bodies of water: Lake Ontario (including the Saint Lawrence River from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, or Lake Superior. (June 4, 1956, c. 358, § 2, 70 Stat. 242.)

COMMISSIONERS; APPOINTMENT

SEC. 3. The United States shall be represented on the Commission by three Commissioners to be appointed by the President, to serve as such during his pleasure, and to receive no compensation for their services as such Commissioners. Of such Commissioners

(a) one shall be an official of the United States Government; and

(b) two shall be persons residing in Great Lakes States, duly qualified by reason of knowledge of the fisheries of the Great Lakes, of whom one shall be an official of a Great Lakes State: