ation and effect of the laws of such State, Territory, or District to the same extent and in the same manner as though such fish had been produced in such State, Territory, or District and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. § 3419. Shipment for breeding or stocking Nothing in this chapter shall be construed to prevent the shipment or require the marking of any shipment in interstate commerce of live fish and eggs for breeding or stocking purposes. CHAPTER 173-SOCKEYE SALMON FISHERIES Sec. 3441. Definitions. 3442. Unlawful acts enumerated. 3443. Statistical records and reports; failure to keep or furnish; penalty. 3444. Enforcement. 3445. Penalties. 3446. Investigations by Commission. 3447. Appropriations authorized. § 3441. Definitions When used in this chapter "Commission" means the International Pacific Salmon Fisheries Commission provided for by Article II of the Convention. "Convention" means the Convention between the United States of America and the Dominion of Canada for the protection, preservation, and extension of the sockeye salmon fishery of the Fraser River system, signed at Washington on the 26th day of May, 1930. "Convention waters" means those waters described in Article I of the Convention. "Enforcing agency" means the Fish and Wildlife Service or such other agency of the United States as may be designated by the President to enforce the provisions of this chapter and the regulations of the Commission, except to the extent otherwise provided for in the Convention and in this chapter. "Fishing" means the fishing for, catching, or taking, or the attempted fishing for, catching, or taking, of any sockeye salmon in Convention waters. "Fishing gear" means any net, trap, hook, or other device, appurtenance or equipment, of whatever kind or description, used or capable of being used, for the purpose of capturing fish or as an aid in capturing fish. "Sockeye salmon" means that species of salmon known by the scientific name Oncorhynchus nerka, "Vessel" includes every type or description of water craft or other contrivance used, or capable of being used, as a means of transportation in water. § 3442. Unlawful acts enumerated It shall be unlawful for (1) Any person to engage in fishing for sockeye salmon in Convention waters in violation of the Convention or of this chapter or of any regulation of the Commission. (2) Any person to ship, transport, purchase, sell, offer for sale, import, export, or have in possession any sockeye salmon taken in violation of the Convention or of this chapter or of any regulation of the Commission. (3) Any person or vessel to use any port or harbor or other place subject to the jurisdiction of the United States for any purpose connected in any way with fishing in violation of the Convention or of this chapter or of any regulation made by the Commission. (4) Any person or vessel to engage in fishing for sockeye salmon in Convention waters without first having obtained such license or licenses as may be used by or required by the Commission, or to fail to produce such license, upon demand, for inspection by an authorized enforcement officer. (5) Any person to fail to make, keep, submit, or furnish any record or report required of him by the Commission; or to refuse to permit any officer authorized to enforce the Convention, this chapter, and the regulations of the Commission, or any authorized representative of the Commission, to inspect any such record or report at any reasonable time. (6) Any person to molest, interfere with, tamper with, damage, or destroy any boat, net, equipment, stores, provisions, fish-cultural station, rearing pond, weir, fishway, or any other structure, installation, experiment, property, or facility acquired, constructed, or maintained by the Commission. (7) Any person or vessel to do any act prohibited or to fail to do any act required by the Convention or by this chapter or by any regulation of the Commission. § 3443. Statistical records and reports; failure to keep or furnish; penalty Any person who fails to make, keep, or furnish any catch return, statistical record, or any report that may be required by the Commission, or any person who furnishes a false return, record, or report, upon conviction shall be subject to such fine as may be imposed by the court not to exceed $1,000, and shall in addition be prohibited from fishing for and from shipping, transporting, purchasing, selling, offering for sale, importing, exporting, or possessing sockeye salmon from the date of conviction until such time as any delinquent return, record, or report shall have been submitted or any false return, record, or report shall have been replaced by a duly certified correct and true return, record, or report to the satisfaction of the court. The penalties imposed by section 3445 of this title shall not be invoked for failure to comply with requirements respecting returns, records, and reports. § 3444. Enforcement (a) Enforcing agency The enforcing agency shall take appropriate measures for enforcement at such times and to such extent as it may deem necessary to insure effective enforcement and for this purpose shall cooperate with other Federal agencies, State officers, the Commission, and with the authorized officers of the Dominion of Canada. The enforcing agency may authorize officers and employees of the State of Washington to enforce the provisions of the Convention and of this chapter and the regulations of the Commission. When so authorized such officers may function as Federal law-enforcement officers for the purposes of this chapter. (b) Convention controlling Enforcement of the Convention and this chapter and the regulations of the Commission shall be subject to and in accordance with the provisions of Article IX of the Convention. (c) Arrests; process Any duly authorized officer or employee of the enforcing agency; any officer or employee of the State of Washington who is authorized by the enforcing agency; any enforcement officer of the Fish and Wildlife Service, any Coast Guard officer, any United States marshal or deputy United States marshal, any collector or deputy collector of customs, and any other person authorized to enforce the provisions of the Convention, this chapter, and the regulations of the Commission, may, without warrant or other process, but subject to the provisions of the Convention, arrest any person committing in his presence or view a violation of the Convention or of this chapter or of the regulations of the Commission and may take such person immediately for examination before an officer or trial before a court of competent jurisdic tion; and may, without warrant or other process, search any vessel within Convention waters when he has reasonable cause to believe that such vessel is subject to seizure under the provisions of the Convention or this chapter, or the regulations of the Commission, and may search any place of business or any commercial vehicle when he has reasonable cause to believe that such place or vehicle contains fish taken, possessed, transported, purchased, or sold in . violation of any of the provisions of the Convention, this chapter or the regulations of the Commission. Any person authorized to enforce the provisions of the Convention and of this chapter and the regulations of the Commission may execute any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of this chapter, and may, with a search warrant, search any person, vessel, or place, at any time. The judges of the United States courts and the United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. Subject to the provisions of the Convention, any person authorized to enforce the Convention and this chapter 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 chapter 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 chapter 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 chapter or the regulations of the Commission. (d) Evidence of regulations 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 of the Commission on such certification shall be required. (e) Inspection; boarding of vessels 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 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. § 3445. Penalties (a) Fine; imprisonment Except as provided in section 3443 of this title, any person violating any provision of the convention or of this chapter or any regulation of the Commission upon conviction shall be fined not more than $1,000 or be imprisoned not more than one year, or both, and the court may prohibit such person from fishing for, or from shipping, transporting, purchasing, selling, offering for sale, importing, exporting, or possessing sockeye salmon for such period of time as it may determine. (b) Forfeitures The catch of fish of every vessel or of any fishing gear employed in any manner, or any fish caught, shipped, transported, purchased, sold, offered for sale, imported, exported, or possessed in violation of this chapter or the regulations of the Commission shall be forfeited; and upon a second and subsequent violation the catch of fish shall be forfeited and every such vessel and any fishing gear and appurtenances involved in the violation may be forfeited. (c) Forfeiture procedure All procedures of law relating to the seizure, judicial forfeiture, and condemnation of a vessel for violation of the customs laws and the disposition of such vessel or the proceeds from the sale thereof shall apply to seizures, forfeitures, and condemnations incurred, or alleged to have been incurred, under the provisions of this chapter insofar as such provisions of law are applicable and not inconsistent with this chapter. (d) Citations for violations In cases of minor violations of the provisions of the Convention or of this chapter or the regulations of the Commission, and in cases where immediate arrest of the person or seizure of fish, fishing gear, or of a vessel, together with its tackle, apparel, furniture, appurtenances, and cargo, would impose an unreasonable hardship, the person authorized to make such arrest or seizure or any court of competent jurisdiction may, in his or its discretion, |