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86 STAT.

within their respective jurisdictions, upon proper oath or affirmation
showing probable cause, issue warrants in all such cases. Any person
authorized to enforce the provisions of the Convention, this Act, or
the regulations issued pursuant thereto may, except in the case of a
first offense, seize, whenever and wherever lawfully found, all fish
taken or retained, and all fishing gear involved in fishing, contrary to
the provisions of the Convention or this Act or to regulations issued 4 UST 380.
pursuant thereto. Any property so seized shall not be disposed of except
pursuant to the order of a court of competent jurisdiction or the provi-
sions of subsection (b) of this section, or, if perishable, in the manner
prescribed by regulations of the Secretary of Commerce.

786

"(b) Notwithstanding the provisions of section 2464 of title 28, United States Code, when a warrant of arrest or other process in rem 62 Stat. 974. is issued in any cause 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 for double the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the property seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value 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 event of any breach of the conditions thereof as determined by the court.".

SEC. 107. (a) In subsection (b) of section 9 of the Act, as so Ante, p. 784. redesignated by section 102 of this title, strike out "Coast Guard in cooperation with the Fish and Wildlife Service and the Bureau of Customs" and insert in lieu thereof "Secretary of the Department in which the Coast Guard is operating, in cooperation with the Secretary of Commerce and the Secretary of the Treasury".

(b) In subsections (c) and (e) of section 9 of the Act, as so redesignated by section 102 of this title, strike out "Fish and Wildlife Service" and insert in lieu thereof "Department of Commerce".

(c) In subsection (f) of section 9 of the Act, as so redesignated by section 103 of this title, and in subsection (b) of section 13 of such

Act, strike out "Secretary of the Interior" and insert in lieu thereof 68 Stat. 701. "Secretary of Commerce".

16 USC 1032.

SEC. 108. (a) Section 3 of the Act is amended to read as follows: U. S. Commissioners. "SEC. 3. (a) The United States shall be represented on the Commis- 16 USC 1022. sion by not more than four United States Commissioners to be appointed by the President and to serve at his pleasure; except that after January 1, 1973, (1) each United States Commissioner shall be appointed for a term of office of not to exceed four years, but is eligible for reappointment; and (2) any United States Commissioner may be appointed for a lesser term if necessary to insure that the term of office of not more than one Commissioner will expire in any one year. Of such Commissioners, who shall receive no compensation for their services as Commissioners, one shall be an official of the United States Government, and each of the others shall be a person residing in a State, the residents of which maintain a substantial fishery in the Convention area.

"(b) The Secretary of State, in consultation with the Secretary of Commerce, may designate from time to time Alternate United States Commissioners to the Commission. An Alternate United States Commissioner may exercise, at any meeting of the Commission or of the United States Section or of the Advisory Committee established pur

86 STAT. 787

68 Stat. 698. 16 USC 1023.

Repeal.

16 USC 1024.

16 USC 1032.

Compensation.

80 Stat. 499;

suant to section 4, all powers and duties of a United States Commissioner in the absence of a duly designated Commissioner for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of authorized United States Commissioners that will not be present.".

(b) The second sentence of section 4(d) of the Act is amended by striking out "may" and inserting in lieu thereof "shall".

(c) Section 5 of the Act is repealed.

(d) Section 13 (a) (1) of the Act is amended by inserting immediately after "Commissioners" the following: "or Alternate Commissioners".

TITLE II-ALTERNATE COMMISSIONERS

SEC. 201. In order to insure appropriate representation at meetings of international fisheries commissions, the Secretary of State, in consultation with the Secretary of Commerce or of the Interior as appropriate may designate from time to time Alternate United States Commissioners to the North Pacific Fur Seal Commission, the InterAmerican Tropical Tuna Commission, the International Pacific Halibut Commission, the Great Lakes Fishery Commission, the International Whaling Commission, the Commission for the Conservation of Shrimp in the Eastern Gulf of Mexico, the International Commission for the Conservation of Atlantic Tunas, and any similar commission (other than the International Commission for the Northwest Atlantic Fisheries and the International North Pacific Fisheries Commission) established pursuant to a convention between the United States and other governments. Alternate United States Commissioners may exercise, at any meeting of the respective Commission or of the United States Section thereof, all powers and duties of a United States Commissioner in the absence of a duly designated Commissioner for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of authorized United States Commissioners that will not be present. In the event that there are Deputy United States Commissioners pursuant to the convention or statute, such Deputy United States Commissioners shall have precedence over any Alternate Commissioners so designated pursuant to this title.

SEC. 202. Alternate United States Commissioners shall receive no compensation for their services. They may be paid travel expenses and per diem in lieu of subsistence at the rates authorized by section 5703 of title 5, United States Code, when engaged in the performance of

86 STAT. 787

SEC. 203. (a) Section 5 of the Great Lakes Fisheries Act of 1956 Repeals. (16 U.S.C. 934) is repealed.

(b) Section 5 of the Tuna Conventions Act of 1950 (16 U.S.C.

954) is repealed.

Approved October 9, 1972.

70 Stat. 243.

64 Stat. 778.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 92-1102 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 92-1201 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 118 (1972):

June 5, considered and passed House.
Sept. 28, considered and passed Senate.

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Ta authorize the terrorary of the Caterior to provide for the restoration. reconstruction, and exhibition of the gunboat "Cairo", and for other purposes.

36 STAN 796

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34 it enacted by the Senate and Fause of Representatives of the United States of Amerien in. Congress issembled. That in order to preserve an object having national significance as part of the history of Restorantin and The Civil War, for the benefit and aspiration of the people of the Luted States, the Secretary of the Interior all in such manner as ne terms artvisanie, utilize the authorities contained in the Act of August 21, 1935 (49 Star, 366) to provide for the restoration and 15 SC 462. reconstruction on the gunboat "Cairn", formerly of the Union Navy, ante in action in the Yazon River. Mississippi, and for its exhibition

at the Wicksburg National Military Park.

Sec. 2. At men sime as the restoration and reconstruction of the Administration. "Cairo" shall have been completed, and it has been located within the boundaries of the Vicksburg National Military Park, the "Cairo” shall be administered in accordance with all laws, rules, and regulations applicable to meh park.

dec. 3. There are hereby authorized to be appropriated not more than Appropriation. $8.200.000 for the restoration of the "Cairo and for the development. of protective and interpretive facilities associated therewith. Approved October 12, 1972.

GRGISLATIVE HISTORY:

HOUSE REPORT No. 32-1220 accompanying H.R. 6618 (Comm.

and Insular Affairs).

on Interior

SRNATE REPORT No. 32-533 (Comm, on Interior and Insular Affairs).
CONGRESSIONAL RECORD:

761, 117 (1971): Dec. 6, considered and passed Senate.
Vol. 118 (1972): Aug. 14, considered and passed House, amended,

Oct.

Oct.

in lieu of H.R. 6618.

3, Senate concurred in House amendment
with an amendment.

4, House concurred in Senate amendment.

Public Law 92-502
92nd Congress, H. R. 14731
October 18, 1972

An Act

To amend the Fish and Wildlife Act of 1956 in order to provide for the effective enforcement of the provisions therein prohibiting the shooting at birds, fish, and other animals from aircraft.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 13 of the Fish and Wildlife Act of 1956 (85 Stat. 480-481; Public Law 92-159) is amended by adding at the end thereof the following new subsections:

"(d) The Secretary of the Interior shall enforce the provisions of this section and shall promulgate such regulations as he deems necessary and appropriate to carry out such enforcement. Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this section may, without warrant, arrest any person committing in his presence or view a violation of this section or of any regulation issued hereunder and take such person immediately for examination or trial before an officer or court of competent jurisdiction; may execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of this section; and may, with or without a warrant, as authorized by law, search any place. The Secretary of the Interior is authorized to enter into cooperative agreements with State fish and wildlife agencies or other appropriate State authorities to facilitate enforcement of this section, and by such agreements to delegate such enforcement authority to State law enforcement personnel as he deems appropriate for effective enforcement of this section. Any judge of any court established under the laws of the United States, and any United States magistrate may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such

cases.

86 STAT. 905

Airborne

hunting. Prohibition, enforcement. 16 USC 742j-1. Regulations.

Cooperative agreements.

"(e) All birds, fish, or other animals shot or captured contrary Forfeiture. to the provisions of this section, or of any regulation issued hereunder, and all guns, aircraft, and other equipment used to aid in the shooting, attempting to shoot, capturing, or harassing of any bird, fish, or other animal in violation of this section or of any regulation issued hereunder shall be subject to forfeiture to the United States.

"(f) All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the

(115)

Customs laws, applicability.

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