AMENDMENTS

1966 Subsec. (a). Pub. L. 89-551 struck out provision that, to constitute a prohibited discharge of oil or olly mixture, the discharge must foul the surface of the sea. Subsec. (b). Pub. L. 89-551 substituted "oil or an olly mixture" for "olly ballast water or tank washings" as the decription of the discharges which have to be made as far as practicable from land and excepted ships other than tankers from the prohibition of the subsection when the ship is proceeding to a port not provided with facilities adequate for the reception, without causing undue delay, and, in such cases, allowed discharge of whatever discharges and oily mixtures as would remain for disposal If the bulk of the water had been separated from the mixture.

Subsec. (c). Pub. L. 89-551 added subsèc. (c).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1003, 1004, 1008, 1009 of this title.

§ 1003. Excepted discharges; securing safety of ship; prevention of damage to ship or cargo; saving life; damaged ship or unavoidable leakage; residue from purification or clarification.

Section 1002 of this title shall not apply to

(a) the discharge of oil or oily mixture from a ship for the purpose of securing the safety of a ship, preventing damage to a ship or cargo, or saving life at sea; or

(b) the escape of oil, or of oily mixture, resulting from damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape:

(c) the discharge of residue arising from the purification or clarification of fuel oil or lubricating oll: Provided, That such discharge is made as far f from land as practicable. (Pub. L. 87-167, § 4, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89-551, § 1(4), Sept. 1, 1956, 80 Stat. 373.)

AMENDMENTS

1966 - Pub. L 89-551 removed sediment which cannot be pumped from the cargo tanks of tankers by reason of its solidarity from the list of substances excepted from the prohibitions of section 1002 of this title and revised the excepted discharges to include discharges when made for securing safety when another ship is involved.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1002, 1008, 1009 of this title.

§1004. Excepted discharges; oily mixtures from bilges. Section 1002 of this title shall not apply to the discharge from the bilges of a ship of an oily mixture containing no oll other than lubricating oil which has drained or leaked from machinery spaces. (Pub. L. 87-167, § 5, Aug. 30, 1961, 75 Stat. 403; Pub. L. 89-551, § 1(5), Sept. 1, 1966, 80 Stat. 374.)

AMENDMENTS

1966- Pub. L. 89-551 removed the exception for the discharge from the bilges of oll mixtures during the period of twelve months after the United States accepts the convention and narrowed the exception for an olly mixture containing lubricating oll by limiting it to lubricating oil which has drained or leaked from machinery spaces.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1002, 1009 of this title.

§ 1005. Penalties for violations; liability of vessel.

Any person who violates any provision of this chapter, except sections 1007(b) and 1008 of this title, or any regulation prescribed in pursuance thereof, is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $2,500 nor less than $500, or by imprisonment not exceeding one year, or by both such fine and imprisonment, for each offense. And any ship (other than a ship owned and operated by the United States) from which oil is discharged in violation of this chapter, or any regulation prescribed in pursuance thereof, shall be liable for the pecuniary penalty specified in this section, and clearance of such ship from a port of the United States may be withheld until the penalty is paid, and said penalty shall constitute a lien on such ship which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which the ship may be. (Pub. L. 87-167, § 6, Aug. 30, 1961, 75 Stat. 403.)

§ 1006. Suspension or revocation of license of officers of offending vessels.

The Coast Guard may, subject to the provisions of section 239 of Title 46, suspend or revoke a license issued to the master or other licensed officer of any ship found violating the provisions of this chapter or the regulations issued pursuant thereto. (Pub. L. 87-167, § 7, Aug. 30, 1961, 75 Stat. 403.)

§ 1007. Personnel for enforcement of provisions; arrest of offenders and procedure; ship fittings and equipment; civil penalty.

(a) In the administration of sections 1001 to 1011 of this title, the Secretary may make use of the organization, equipment, and agencies, includir g engineering, clerical, and other personnel, employed under his direction in the improvement of rivers and harbors and in the enforcement of laws for the improvement of rivers and harbors and in the enforcement of laws for the preservation and protection of navigable waters. For the better enforcement of the provisions of said sections, the officers and agents of the United States in charge of river and harbor improvements and persons employed under them by authority of the Secretary, and officers and employces of the Bureau of Customs and the Coast Guard, shail have power and authority and it shall be their duty to swear out process and to arrest and take into custody, with or without process, any person who may violate any of said provisions: Provided, That no person shall be arrested without process for a violation not committed in the presence of some one of the aforesaid officials: And provided further, That whenever any arrest is made under the provisions of said sections the person so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in cases of crimes against the United States. Representatives of the Secretary and of

the Bureau of Customs and Coast Guard of the United States may go on board and inspect any ship in a prohibited zone or in a port of the United States as may be necessary for enforcement of this chapter.

(b) To implement article VII of the convention, ship fittings and equipment, and operating requirements thereof, shall be in accordance with regulations prescribed by the Secretary of the Department in which the Coast Guard is operating. Any person fond violating these regulations shall, in addition to any other penalty prescribed by law, be subject to a civil penalty not in excess of $100. (Pub. L. 27-167, § 8, Aug. 30, 1961, 75 Stat. 403.)

CHANGE OF NAME

References to United States commissioners to be deemed references to United States magistrates, sec Pub. L. 90-578. title IV, 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

CROSS REFERENCE

Convention defined, see section 1001 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1005, 1009 of this title.

§ 1008. Oil record book.

(a) Printing; regulations by Secretary.

The Secretary shall have printed separate oll record books, containing instructions and spaces for inserting information in the form prescribed by the Convention, which shall be published in regulations prescribed by the Secretary.

(b) Book supplied without charge; inspection and surrender.

If subject to this chapter, every ship using oil fuel and every tanker shall be provided, without charge, an oll record book which shall be carried on board. The provisions of section 140 of Title 5 shall not apply. The ownership of the booklet shall remain

in the United States Government. This book shell be available for inspection as provided in this chapter and for surrender to the United States Government pursuant to regulations of the Secretary. (c) Operations requiring recordation.

The oil record book shall be completed on each occasion, whenever any of the following operations takes place in the ship:

(1) ballasting of and discharge of ballast from cargo tanks of tankers;

(2) cleaning of cargo tanks of tankers;

(3) settling in slop tanks and discharge of water from tankers;

(4) disposal from tankers of oily residues from slop tanks or other sources;

(5) ballasting, or cleaning during voyage, of bunker fuel tanks of ships other than tankers;

(6) disposal from ships other than tankers of

olly residues from bunker fuel tanks or other sources;

(7) accidental or other exceptional discharges or escapes of oil from tankers or ships other than tankers.

In the event of such discharge or escape of oil or olly mixture, as is referred to in sections 1002(c) and 1003 of this title, a statement shall be made in the oll record book of the circumstances of, and reason for, the discharge or escape.

(d) Entries; signatures.

Each operation described in subsection (c) of this section shall be fully recorded without delay in the oil record book so that all the entries in the book appropriate to that operation are completed. Each page of the book shall be signed by the officer or officers in charge of the operations concerned and. when the ship is manned, by the master of the ship. (e) Rules and regulations.

Oil record books shall be kept in such manner and for such length of time as set forth in the regulations prescribed by the Secretary.

(f) Penalties.

If any person fails to comply with the requirements imposed by or under this section, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 and if any person makes an entry in any records kept in accordance with this chapter or regulations prescribed thereunder by the Secretary which is to his knowledge false or misleading in any material particular, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500 or imprisonment for a term not exceeding six months, or both. (Pub. L. 87-167, § 9, Aug. 30, 1961, 75 Stat 404; Pub. L. 89-551, § 1(6), Sept. 1, 1966, 80 Stat. 374.)

CODIFICATION

The provisions of section 140 of title 5, referred to in this section, have been incorporated in title 31 section 4838. AMENDMENTS

1966-Subsec. (a). Pub. L. 89-551 substituted provisions covering the printing of oil record books by the Secretary for provisions requiring that an oil record book be carried and that the circumstances surrounding a prohibited discharge be recorded.

Subsecs. (b)-(e). Pub. L. 89-551 added subsecs. (b) — (e). Former subsec. (b) amended by inserting reference to regulations prescribed under this chapter by the Secretary and, as 50 amended, redesignated as subsec. (1).

Bubsec. (1). Put.. L. 89-551 redesignated former tubsec (b) as subsec. (f) and inserted a reference to regulation prescribed under this chapter by the Secretary.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1005, 1009 of thi title.

§1009. Regulations.

The Secretary may make regulations for the ad ministration of sections 1002, 1003, 1004, 1007 a and 1008, and 1011 of this title. (Pub. L. 87-16 9, Aug. 30, 1961, 75 Stat. 404; Pub. L. 89-551, § 1(7) Sept. 1, 1966, 80 Stat. 375.)

AMENDMENTS

1966-Pub. L. 89-551 inserted reference to section 101 of this title,

1010. Boarding of ships; production of records; evidence of violations by foreign ships.

(a) The Secretary may make regulations empowering such persons as may be designated to go on board any ship to which the convention applies, while the ship is within the territorial jurisdiction of the United States, and to require production of any records required to be kept in accordance with the convention.

(b) Should evidence be obtained that a ship registered in another country party to the convention has discharged oil in any prohibited zone, such evidence should be forwarded to the State Department for action in accordance with article X of the convention. (Pub. L. 87-167, § 11, Aug. 30, 1961,

75 Stat. 404.)

§ 1011. Prohibited zones; publication of reduction or extension of zones.

(a) All sea areas within fifty miles from the nearest land shall be prohibited zones, subject to extensions or reduction effectuated in accordance with the terms of the Convention, which shall be published in regulations prescribed by the Secretary.

(b) With respect to the reduction or extension of the zones described under the terms of the Convention, the Secretary shall give notice thereof by publication of such information in Notices to Mariners issued by the United States Coast Guard and United States Navy. (Pub. L. 87-167, § 12, Aug. 30, 1961, 75 Stat. 404; Pub. L. 89-551, § 1(8), Sept. 1, 1966, 80 Stat. 375.)

AMENDMENTS

1966-Pub. L. 89-551 substituted a general reference to extensions or reductions of sea areas within 50 miles from land effectuated in accordance with the terms of the Convention to be published in regulations by the Secretary for detailed descriptions of areas excepted from the prohibited zones.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1009 of this title.

§1012. Repealed. Pub. L. 89-551, § 1(9), Sept. 1, 1966, 80 Stat. 375.

Section, Pub. L. 87-167, § 13, Aug. 30, 1961, 75 Stat. 405, set out the form and required entries for the oll record book. See section 1008 of this title.

$1013. Appropriations.

There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. (Pub. L. 87-167, § 14, Aug. 30, 1961, 75 Stat. 407.)

§ 1014. Fifect on other laws.

Nothing in this chapter or in regulations issueu hereunder shall be construed to modify or amend

the provisions of the Oil Pollution Act, 1924, or section 89 of Title 14. (Pub. L. 87-167, § 16, Aug. 30, 1961, 75 Stat. 407.)

REFERENCES IN TEXT

The Oll Pollution Act, 1924, referred to in text, was repealed by Pub. L. 91-224, title I, 108, Apr. 3, 1970, 84 Stat. 113, and its provisions are generally covered by section 1151 et. seq. of this title.

1015. Effective date.

(a) This chapter shall become effective upon the date of its enactment or upon the date the amended Convention becomes effective as to the United States, whichever is the later date.

(b) Any rights or liabilities existing on the effective date of this chapter shall not be affected by the enactment of this chapter. Any procedures or rules or regulations in effect on the effective date of this chapter shall remain in effect until modified or superseded under the authority of this chapter. Any reference in any other law or rule or regulation prescribed pursuant to law to the "International Convention for the Prevention of the Pollution of the Sea by Oil, 1954," shall be deemed to be a reference to that Convention as revised by the "Amendments of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954," which were adopted by a Conference of Contracting Governments convened at London on April 11, 1962. Any reference in any other law or rule or regulation prescribed pursuant to law to the "Oil Pollution Act. 1961," approved August 30, 1961, shall be deemed to be a reference to that Act as amended by this Act. (Pub. L. 87-167, § 17, Aug. 30, 1961, 75 Stat. 407; Pub. L. 39-551, § 1(10), Sept. 1, 1966, 80 Stat. 375.)

REFERENCES IN TEXT

The "date of its enactment" referred to in subsec. (a) means the enactment of Pub. L. 87-167, which was approved on Aug. 30, 1961.

"That Act", referred to in subsec. (b), refers to the "Oll Pollution Act, 1961", Pub. L. 87-167, Aug. 30, 1961, 75 Stat. 402, which is classified to this chapter, and "this Act", referred to in subsec. (b), presumably refers to Pub. L. 89-551, Sept. 1, 1966, 80 Stat. 372, which amended Pub. L. 87-167 and brought it into line with the 1962 Amendments of the 1954 Convention.

AMENDMENTS

1966 Subsec. (a). Pub. L. 89-551 denominated existing provisions as subsec. (a) and in subsec. (a) as so denominated substituted "upon the date the amended Convention becomes effective as to the United States" for "upon the date the United States becomes a party to the convention".

Subsec. (b). Pub. L. 89-551 added subsec. (b).

776e. Cooperation of Federal agencies; conduct of scientific investigations.

776f. Appropriations.

§ 776. Definitions.

When used in this chapter

(a) Convention: The word "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 fisheries of the Fraser River system, signed at Washington on the 26th day of May 1930, as amended by the protocol to the convention, signed at Ottawa on the 28th day of December 1956.

(b) Commission: The word "Commission" means the International Pacific Salmon Fisheries Commission provided for by article II of the convention.

(c) Person: The word "person" includes individuals, partnerships, associations, and corporations.

(d) Convention waters: The term "convention waters" means those waters described in article I of the convention.

(e) Sockeye salmon and pink salmon: The term "sockeye salmon" means that species of salmon known by the scientific name Oncorhynchus nerka, and the term "pink salmon" means that species of salmon known by the scientific name Oncorhynchus gorbuscha.

(f) Vessel: The word "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.

(g) Fishing: The word "fishing" means the fishing for, catching, or taking, or the attempted fishing for, catching, or taking, of any sockeye salmon or pink salmon in convention waters.

(h) Fishing gear: The term "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. (July 29, 1947, ch. 345, § 2, 61 Stat. 511; July 11, 1957, Pub. L. 85102, §§ 1-3, 71 Stat. 293.)

AMENDMENTS

1957-Subsec. (a). Pub. L. 85-102, § 1, substituted the word "fisheries" for "fishery" and inserted, "as amended by the protocol to the convention, signed at Ottawa on the 28th day of December 1956".

Subsec. (e). Pub. L. 85-102, § 2, added definition of "pink salmon".

Subsec. (g). Pub. L. 85-102, § 3, inserted the words "or pink salmen".

EFFECTIVE DATE OF 1957 AMENDMENT

Pub. L. 85-102, § 5, provided that: "The amendments made by this Act [to subsecs. (a), (e), and (g) of this section, and sections 776a (a), (b), (d), 776b, 776c (a), (e), 776d (f), and 776e (a) of this title] shall take effect on the date of entry into force of the protocol, signed at Ottawa on December 28, 1956, between the United States of America and Canada to the convention for the protection, preservation and extension of the sockeye salmon fisheries of the Fraser River system, signed at Washington on May 26, 1930."

EFFECTIVE DATE

Section 10 of act July 29, 1947, provided: "This Act [this chapter] shall be effective thirty days from the date of its approval [July 29, 1947].”

SHORT TITLE

Congress in enacting this chapter provided in section 1 of act July 29, 1947, as amended by Pub. L. 85-102, § 3, July 11, 1957, 71 Stat. 294, that it may be cited as the "Sockeye Salmon or Pink Salmon Fishing Act of 1947".

SAVINGS CLAUSE

Section 9 of act July 29, 1947, provided: "If any provision of this Act [this chapter] is held invalid for any cause, such invalidity shall not affect the other provisions hereof."

§ 776a. Unlawful acts.

(a) It shall be unlawful for any person to engage in fishing for sockeye salmon or pink salmon in convention waters in violation of the convention or of this chapter or of any regulation of the Commission.

(b) It shall be unlawful for any person to ship, transport, purchase, sell, offer for sale, import, export, or have in possession any sockeye salmon or pink salmon taken in violation of the convention or of this chapter or of any regulation of the Commission.

(c) It shall be unlawful for 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.

(d) It shall be unlawful for any person or vessel to engage in fishing for sockeye salmon or pink 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.

(e) It shall be unlawful for 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.

(f) It shall be unlawful for any person to molest. interfere with, tamper with, damage, or destroy any boat, net, equipment, stores, provisions, fish-cultural stations, rearing pond, weir, fishway, or any other structure, installation, experiment, property, or facility acquired, constructed, or maintained by the Commission.

(g) It shall be unlawful for 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. (July 29, 1947, ch 345, § 3, 61 Stat. 511; July 11, 1957, Pub. L. 85-102. § 3, 71 Stat. 294.)

AMENDMENTS 1957-Subsecs. (a), (b), and (d). Pub. L. 85-102 inserted the words "or pink salmon".

EFFECTIVE DATE OF 1957 AMENDMENT Amendment of subsecs. (a), (b), and (d) by Pub. L 85-102 effective on the date of entry into force of protocol signed December 26, 1956, between United States and Canada, see note out under section 776 of this title.

EFFECTIVE DATE Effective date of chapter, see note under section 776 of this title.

§ 776b. Omission of or fraudulent returns, records, and reports; penalties.

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 or pink 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 776c of this title shall not be invoked for failure to comply with requirements respecting returns, records, and reports. (July 29, 1947, ch. 345, § 4, 61 Stat. 512; July 11, 1957, Pub. L. 85-102, § 3, 71 Stat. 294.)

AMENDMENTS

1957-Pub. L. 85-102 inserted the words "or pink sal

mon".

EFFECTIVE DATE OF 1957 AMENDMENT

Amendment of section by Pub. L. 85-102 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.

EFFECTIVE DATE

Effective date of chapter, see note under section 776 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 776c of this title. §776c. Penalties and forfeitures.

(a) Fine and imprisonment; prohibition on activities. Except as provided in section 776b of this title, any person violating any provision of the convention or of this chapter or the 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 or pink salmon for such period of time as it may determine.

(b) Forfeitures; first and subsequent violations.

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) Same; 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) Minor violations; citation to appear.

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, issue a citation requiring such person to appear before the proper official of the court having jurisdiction thereof within a specified time, not exceeding fifteen days; or in the case of property, post such citation upon said property and require its delivery to such court within such specified time. Upon the issuance of such citation and the filing of a copy thereof with the clerk of the appropriate court the person so cited and the property so seized and posted shall thereupon be subject to the jurisdiction of the court to answer the order of the court in such cause. Any property so seized shall not be disposed of except pursuant to the order of such court or the provisions of subsection (e) of this section.

(e) Bond or stipulation.

When a warrant of arrest or other process in rem, including that specified in subsection d) of this section, is issued in any cause of admiralty jurisdiction under this section, the marshal or other officer shall stay the execution of such process, or discharge any property seized if the process has been levied, on receiving from the claimant of the property a bond or stipulation with sufficient sureties or approved corporate surety in such sum as the court shall order, conditioned to deliver the property seized, if condemned, without impairment in value (or, in the case of sockeye salmon or pink salmon, to pay its equivalent in money) or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in the event of any breach of the conditions thereof as determined by the court. (July 29, 1947, ch. 345, § 5, 61 Stat. 512; July 11, 1957, Pub. L. 85-102, § 3, 71 Stat. 294.)

AMENDMENTS 1957-Subsecs. (a) and (e). Pub. L. 85-102 inserted the words "or pink salmon".

EFFECTIVE DATE OF 1957 AMENDMENT Amendment of subsecs. (a) and (e) by Pub. L. 85-102 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.

EFFECTIVE DATE Effective date of chapter, see note under section 776 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 776b of this title.