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ADVISORY COMMITTEE; APPOINTMENT; TERMS; SESSIONS; MEETINGS SEC. 4. (a) The United States Section shall appoint an advisory committee composed of not less than five nor more than twenty members and shall fix the terms of office thereof, such members to be selected both from the various groups participating in the fisheries covered by the Convention and from the fishery agencies of the States or Territories, the residents of which maintain a substantial fishery in the Convention area.

(b) Any or all members of the advisory committee may attend all sessions of the Commission except executive sessions.

(c) The advisory committee shall be invited to all nonexecutive meetings of the United States Section and at such meetings shall be granted opportunity to examine and to be heard on all proposed programs of study and investigation, reports, and recommendations of the United States Section.

(d) The members of the advisory committee shall receive no compensation for their services as such members. On approval by the United States Section, not more than three members of the committee, designated by the committee, may be paid for transportation expenses and per diem incident to attendance at meetings of the Commission or of the United States Section. (Aug. 12, 1954, c. 669, § 4, 68 Stat. 698.)

CONFLICT OF INTEREST STATUTES IN APPLICABLE

SEC. 5. Service of any individual appointed from private life as a United States Commissioner pursuant to section 3, or as a member of the Advisory Committee appointed pursuant to section 4, shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, 284, and 434 of Title 18 of the United States Code, and section 190 of the Revised Statutes (5 U.S.C. 99), except insofar as such provisions of law may prohibit any such individual from acting or receiving compensation in respect to matters directly relating to the Convention, this Act, or regulations issued pursuant to this Act. (Aug. 12, 1954, c. 669, § 5, 68 Stat. 698.)

POWERS OF PRESIDENT; ACCEPTANCE OR REJECTION OF COMMISSION'S

RECOMMENDATIONS

SEC. 6. The President is authorized to (a) accept or reject, on behalf of the United States, recommendaitons made by the Commission in accordance with the provisions of article III, section 1, of the Convention, and recommendaitons made by the Commission in pursuance of the provisions of the Protocol to the Convention; and (b) act for the United States in the selection of persons by the contracting parties to compose the special committee provided by the Protocol to the Convention. (Aug. 12, 1954, c. 669, § 6, 68 Stat. 699.)

COOPERATION WITH OTHER AGENCIES

SEC. 7. Any agency of the Federal Government is authorized, upon request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish, on a reimbursable basis, facilities and personnel for the purpose of assisting the Commission in carrying

out its duties under the Convention. Such agency may accept reimbursement from the Commission. (Aug. 12, 1954, c. 669, § 7, 68 Stat. 699.)

ENFORCEMENT; BOARDING AND INSPECTING VESSELS

SEC. 8. (a) The provisions of the Convention and this chapter relating to abstention from fishing in certain areas by the nationals and vessels of one or more of the contracting parties shall be enforced by the Coast Guard in cooperation with the Fish and Wildlife Service and the Bureau of Customs.

(b) For such purposes any Coast Guard officer, any officer of the Fish and Wildlife Service, or any other person authorized to enforce the provisions of the Convention and this chapter referred to in subsection (a) of this section may go on board any fishing vessel of Canada or Japan found in waters in which Canada or Japan has agreed by or under the Convention to abstain from exploitation of one or more stocks of fish, and, when he has reasonable cause to believe that such vessel is engaging in operations in violation of the provisions of the Convention, may, without warrant or other process, inspect the equipment, books, documents, and other articles on such vessel and question the persons on board, and for these purposes may hail and stop such vessel, and use all necessary force to compel compliance.

(c) Whenever any such officer has reasonable cause to believe that any person on any fishing vessel of Canada or Japan is violating, or immediately prior to the boarding of such vessel was violating, the provisions of the Convention referred to in subsection (a) of this section, such person, and any such vessel employed in such violation shall be detained and shall be delivered as promptly as practicable to an authorized official of the nation to which they belong in accordance with the provisions of the Convention.

(d) Any officer of the Coast Guard, any officer of the Fish and Wildlife Service, or any other person authorized to enforce the provisions of the Convention and this chapter referred to in subsection (a) of this section, may be directed to attend as witnesses and to produce such available records and files or duly certified copies thereof as may be necessary to the prosecution in Canada or Japan of any violation of the provisions of the Convention or any Canadian or Japanese law for the enforcement thereof when requested by the appropriate authorities of Canada or Japan respectively. (Aug. 12, 1954, c. 669, § 8, 68 Stat. 699.)

DESIGNATION OF ENFORCEMENT OFFICERS

SEC. 9. The Secretary of the Interior may designate officers of the States and Territories of the United States to enforce the provisions of the Convention and this act insofar as they pertain to fishing vessels of the United States and the persons on board such vessels. (Aug. 12, 1954, c. 669, § 9, 68 Stat. 699.)

UNLAWFUL ACTIVITIES

SEC. 10. (a) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States to engage in the catching of any stock of fish from which the United States may agree to abstain

in the waters specified for such abstention as set forth in the Annex to the Convention, or to load, process, possess, or transport any such fish or fish products processed therefrom in the said waters, or to land in a port of the United States any fish so caught, loaded, possessed, or transported or any fish products processed therefrom.

(b) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States knowingly to load, process, possess, or transport any fish specified in subsection (a) of this section or any fish products processed therefrom in the territorial waters of the United States or in any waters of the Convention area in addition to those specified in subsection (a) of this section, or to land in a port of the United States any such fish or fish products.

(c) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States knowingly to load, process, possess, or transport in the Convention area or in the territorial waters of the United States any fish taken by a national of Canada or Japan from a stock of fish from which Canada or Japan respectively has agreed to abstain as set forth in the Annex to the Convention or any fish products processed therefrom, or to land such fish or fish products in a port of the United States.

(d) It shall be unlawful for any person subject to the jurisdiction of the United States to aid or abet in the taking of fish by a national or fishing vessel of Canada or of Japan from a stock of fish from which Canada or Japan has respectively agreed to abstain as set forth in the Annex of the Convention.

(e) It shall be unlawful for the master or owner or any person in charge of any fishing vessel of the United States to refuse to permit the duly authorized officials of the United States, Canada, or Japan to board such vessel or inspect its equipment, books, documents, or other articles or question the persons on board in accordance with the provision of the Convention, or to obstruct such officials in the execution of such duties. (Aug. 12, 1954, c. 669, § 10, 68 Stat. 699.)

PENALTIES

SEC. 11. (a) Any person violating subsections (a), (b), or (c) of section 10 of this Act shall upon conviction be fined not more than $10,000, and for such offense the court may order forfeited, in whole or in part, the fish concerned in the offense, or the fishing gear involved in such fishing, or both, or the monetary value thereof. Such forfeited fish or fishing gear shall be disposed of in accordance with the direction of the court.

(b) Any person violating subsection (d) of section 10 of this act shall upon conviction be fined not more than $10,000.

(c) Any person violating subsection (e) of section 10 of this Act shall upon conviction be fined not more than $10,000 and be imprisoned for not more than one year or both, and for such offense the court may order forfeited, in whole or in part the fish and fishing gear on board the vessel, or both, or the monetary value thereof. Such fish and fishing gear shall be disposed of in accordance with the direction of the court.

(d) Section 10 of Northwest Atlantic Fisheries Act of 1950 (64 Stat. 1067; 16 U.S.C. 989) shall not apply to violations for which penalties are provided in this section. (Aug. 12, 1954, c. 669, § 11, 68 Stat. 700.)

APPLICABILITY OF NORTHWEST ATLANTIC FISHERIES ACT OF 1950

SEC. 12. For the effective execution of this Act, sections 7 (a) and (b), 9, 10, and 11 of Northwest Atlantic Fisheries Act of 1950 (64) Stat. 1067) shall be deemed to be incorporated herein in haec verba provided that regulations authorized by section 7(a) of this Act shall be adopted by the Secretary of the Interior on consultation with the United States Section and shall apply only to stocks of fish in the Convention area north of the parallel of north latitude of 48 degrees and 30 minutes: And provided further, That no such regulations shall apply in the Convention area south of the 49th parallel of north latitude with respect to sockeye salmon (Oncorhynchus nerka) or pink salmon (Oncorhynchus gorbuscha). (Aug. 12, 1954, c. 669, § 12, 68 Stat. 700; July 24, 1957, Pub. L. 85–114, 71 Stat. 310.)

HISTORICAL NOTE

1957 Amendment.-Pub. L. 85-114 amended section by substituting provision that regulations shall apply to area north of parallel of north latitude of 48 degrees and 30 minutes but not south of 49th parallel of north latitude with respect to sockeye or pink salmon, for prior provision that regulations apply to area "contiguous to territorial waters of Alaska".

APPROPRIATIONS

SEC. 13. (a) There are authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this Act, including—

(1) necessary travel expenses of the United States Commissioners without regard to the Standardized Government Travel Regulations, as amended, the Travel Expense Act of 1949, or section 10 of the Act of March 3, 1933 (U.S.C., title 5, sec. 73b);

(2) the United States share of the joint expenses of the Commission; provided that the Commissioners shall not, with respect to commitments concerning the United States share of the joint expenses of the Commission, be subject to the provisions of section 262 (b) of Title 22 of the United States Code insofar as they limit the authority of United States representatives to international organizations with respect to such commitments.

(b) Such funds as shall be made available to the Secretary of the Interior for research and related activities shall be expended to carry out the program of the Commission in accordance with recommendations of the United States Section. (Aug. 12, 1954, c. 669, § 13, 68 Stat. 701.)

SEPARABILITY

SEC. 14. If any provision of this Act or the application of such provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or persons shall not be affected thereby.

4. NORTHERN PACIFIC HALIBUT ACT OF 1924

Act of June 7, 1924 (43 Stat. 648)

SHORT TITLE

SECTION 1. This Act may be cited as the "Northern Pacific Halibut Act".

Sec. 2. Definition of terms.

TABLE OF CONTENTS

Sec. 3. Fishing unlawful; when.

Sec. 4. Unlawful port use; departures.
Sec. 5. Unlawful port entry; possession.
Sec. 6. Penalty.

Sec. 7. Patrols; searches.

Sec. 8. Canadian vessels and nationals.

Sec. 9. Seizure and forfeiture.

Sec. 10. Fisheries commission exemption.
Sec. 11. Appropriation.

Sec. 12. Duration of Act.

NOTE

The provisions of this Act are now covered by the "Northern Pacific Halibut Act of 1937" (50 Stat. 325), as amended (16 U.S.C. 772-772i).

SEC. 2. DEFINITION OF TERMS.-For the purposes of this Act "close season" shall mean the period from the 16th day of November in any year to the 15th day of February in the next following year, both days inclusive, or any other close season hereafter fixed by agreement between the United States and Canada; "territorial waters of the United States" shall mean the waters contiguous to the western coast of the United States and the waters contiguous to the coast of Alaska; "territorial waters of Canada" shall mean the waters contiguous to the western coast of Canada, and "prohibited waters" shall mean the territorial waters of the United States, the territorial waters of Canada, and the high seas, including Bering Sea, extending westerly from the limits of the territorial waters of the United States and of Canada.

SEC. 3. FISHING UNLAWFUL; WHEN.-It shall be unlawful for any person to fish for, or catch, or attempt to catch, any halibut (Hippoglossus) at any time during the close season in the Territorial waters of the United States, or for any national or inhabitant of the United States to fish for, or catch, or attempt to catch, any halibut at any time during the close season in prohibited waters. The unintentional catching of halibut, when legally fishing for other species of fish, shall not constitute a violation of this Act if such halibut shall be used for food by the crew of the vessel catching the same, or be landed and immediately delivered to any authorized official of the Bureau of Fisheries of the Department of Commerce of the United States or the fishing authorities of the Dominion of Canada. The halibut delivered

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