6. NORTHERN PACIFIC HALIBUT ACT OF 1937 Act of June 28, 1937 (50 Stat. 325), as amended (16 U.S.C. 772-772i) SHORT TITLE SECTION 1. This Act may be cited as the "Northern Pacific Halibut Act of 1937". Sec. 2. Definitions. Sec. 3. Acts unlawful. TABLE OF CONTENTS Sec. 4. Records and reports of master or owner. Sec. 5. Enforcement; arrest and seizure; detention; testimony of officers. Sec. 7. Penalties relative to records and reports. Sec. 8. Exemption of Commission. Sec. 9. Rules and regulations. Sec. 10. Effective date. DEFINITIONS SEC. 2. When used in this Act— (a) Convention: The word "Convention" means the Convention between the United States and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa on the 2d day of March 1953 and any other treaty or convention which modifies or replaces that Convention, and shall include the regulations promulgated thereunder. (b) Commission: The word "Commission" means the Commission provided for in the Convention. (c) Person: The word "person" includes partnerships, associations, and corporations. (d) Territorial waters of the United States: The term "Territorial waters of the United States" means the Territorial waters contiguous to the western coast of the United States and the territorial waters contiguous to the southern and western coasts of Alaska. (e) Territorial waters of Canada: The term "territorial waters of Canada" means the territorial waters contiguous to the western coast of Canada. (f) Convention waters: The term "Convention waters" means the territorial waters of the United States, the territorial waters of Canada, and the high seas of the Northern Pacific Ocean and the Bering Sea, extending westerly from the limits of the territorial waters of the United States and of Canada. (g) Halibut: The word "halibut" means the species of Hippoglossus inhabiting Convention waters. (h) Vessel: The word "vessel" includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water. (June 28, 1937, c. 392, § 2, 50 Stat. 325; Aug. 8, 1953, c. 382, 67 Stat. 494.) HISTORICAL NOTE Admission of Alaska as a State.-Alaska Statehood provisions as not affecting the rights of the United States under this chapter, see section 6 (e) of Pub. L. 85-508, July 7, 1858, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions, U.S. Code. 1953 Amendment.-Subsec. (a) amended by Act Aug. 8, 1953, to substitute "2d day of *** replaces that Convention" for "29th day of January 1937" and to delete "of the International Fisheries Commission" preceding “promulgated". Subsec. (b) amended by Act Aug. 8, 1953, to substitute "Commission provided for in the Convention" in lieu of "International Fisheries Commission provided for by article III of the Convention". Effective Date of 1953 Amendment.-Act Aug. 8, 1953, provided in part that: "This Act [amending subsecs. (a) and (b) of this section] shall take effect on the date of entry into force of the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa, March 2, 1953.” ACTS UNLAWFUL SEC. 3. It shall be unlawful for (a) any person other than a national or inhabitant of the United States to catch or attempt to catch any halibut in the territorial waters of the United States; (b) any person to transfer to or to receive upon any vessel of the United States, or to bring to any place within the jurisdiction of the United States any halibut caught in Convention waters by the use of any vessel of a nation not a party to the Convention or caught in Convention waters by any national or inhabitant of the United States or Canada in violation of the Convention or of this Act; (c) any national or inhabitant of the United States to catch, attempt to catch, or to possess any halibut in the territorial waters of the United States or in Convention waters in violation of any provision of the Convention or of this Act; (d) any person within the territory or jurisdiction of the United States to furnish, prepare, outfit, or provision any vessel, other than a vessel of the United States or Canada, in connection with any voyage during which such vessel is intended to be, is being, or has been employed in catching, attempting to catch, or possessing any halibut in Convention waters or the territorial waters of the United States or Canada; (e) any person within the territory or jurisdiction of the United States to furnish, prepare, outfit, or provision any vessel of the United States or Canada in connection with any voyage during which such vessel is intended to be, is being, or has been employed in catching, attempting to catch, or possessing any halibut in violation of any provision of the Convention or of this Act; (f) any person within the territory or jurisdiction of the United States or any national or inhabitant of the United States within Convention waters knowingly to have or have had in his possession any halibut taken, transferred, received, or brought in in violation of any provision of the Convention or of this Act; (g) any person to depart from any place within the jurisdiction of the United States in any vessel which departs from such place in violation of the Convention or of this Act; (h) any person in the territorial waters of the United States or any national or inhabitant of the United States in Convention waters to catch or attempt to catch any halibut, or to possess any halibut caught incidentally to fishing for other species of fish by the use of or in any vessel required by the Convention to have on board any license or permit unless such vessel shall have on board a license or permit which shall comply with all applicable requirements of the Convention, and which shall be available for inspection at any time by any officer authorized to enforce the Convention or by any representative of the Commission; (i) any person to take, retain, land, or possess any halibut caught incidentally to fishing for other species of fish, in violation of any provision of the Convention or of this Act. (June 28, 1937, c. 392, § 3, 50 Stat. 326.) RECORDS AND REPORTS OF MASTER OR OWNER SEC. 4. It shall be unlawful for the master or owner or person in charge of any vessel or any other person required by the Convention to make, keep, or furnish any record or report, to fail to do so, or to refuse to permit any officer authorized to enforce the Convention or any representative of the Commission to examine and inspect any such record or report at any time. (June 28, 1937, c. 392, § 4, 50 Stat. 327.) ENFORCEMENT; ARREST AND SEIZURE; DETENTION; TESTIMONY OF OFFICERS SEC. 5. (a) The provisions of the Convention and of this Act and any regulations issued under said sections shall be enforced by the Coast Guard, the Customs Service, and the Fish and Wildlife Service. For such purposes any officer of the Coast Guard, Customs, or Fish and Wildlife Service may at any time go on board of any vessel in territorial waters of the United States, or any vessel of the United States or Canada in Convention waters, except in the territorial waters of Canada, to address inquiries to those on board and to examine, inspect, and search the vessel and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel, and use all necessary force to compel compliance. (b) Whenever it appears to any such officer that any person, other than a national or inhabitant of Canada, on any vessel of the United States is violating or has violated any provision of the Convention or of this Act, he shall arrest such person and seize any such vessel employed in such violation. If any such person on any such vessel of the United States is a national or inhabitant of Canada, such person shall be detained and shall be delivered as soon as practicable to an authorized officer of Canada at the Canadian port or place nearest to 41-802-65--8 the place of detention or at such other port or place as such officers of the United States and of Canada may agree upon. (c) Whenever it appears to any such officer of the United States that any person, other than a national or inhabitant of the United States, on any vessel of Canada in Convention waters, except in the territorial waters of Canada, is violating or has violated any provision of the Convention, such person, and any such vessel employed in such violation, shall be detained and such person and such vessel shall be delivered as soon as practicable to an authorized officer of Canada at the Canadian port or place nearest to the place of detention, or at such other port or place as such officers of the United States and of Canada may agree upon. If any such person on any such vessel of Canada is a national or inhabitant of the United States, such person shall be arrested as provided for in subsection (b) of this section. (d) Officers or employees of the Coast Guard, Customs, and Fish and Wildlife Service may be directed to attend as witnesses and to produce such available records and files or certified copies thereof as may be produced compatibly with the public interest and as may be considered essential to the prosecution in Canada of any violation of the provisions of the Convention or any Canadian law for the enforcement thereof when requested by the appropriate Canadian authorities in the manner prescribed in article V of the Convention to suppress smuggling concluded between the United States and Canada on June 6, 1924 (44 Stat. (pt. 3), 2097). (June 28, 1937, c. 392, § 5, 50 Stat. 327; 1939 Reorg. Plan. No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232.) 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 Reorg. Plan No. 3, §§ 1, 2, eff. 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, U.S. Code. All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred, with certain exceptions, to the Secretary of the Treasury, 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 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees, U.S. Code. The Customs Service, referred to in this section, is a service under the Treasury Department, and the Coast Guard, also referred to in this section, is generally a service under the Department, but the Plan excepted, from PENALTIES AND FORFEITURES SEC. 6. (a) Any person violating any provisions of section 3 of this Act upon conviction shall be fined not more than $1,000 nor less than $100 or be imprisoned for not more than one year, or both. (b) The cargo of halibut of every vessel employed in any manner in connection with the violation of any provision of section 3 of this Act shall be forfeited; upon a second violation of the provisions of said section, every such vessel, including its tackle, apparel, furniture, and stores may be forfeited and the cargo of halibut of every such vessel shall be forfeited; and, upon a third or subsequent violation of the provisions of said section, every such vessel, including its tackle, apparel, furniture, cargo, and stores shall be forfeited. (c) All provisions of law relating to the seizure, judicial 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 seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of said sections: Provided, That except as provided in section 5 of this Act all rights, powers, and duties conferred or imposed by said sections upon any officer or employee of the Treasury Department shall, for the purposes of said sections, be exercised or performed by the Secretary of the Interior or by such persons as he may designate. (June 28, 1937, c. 392, § 6, 50 Stat. 328; 1939 Reorg. Plan II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) PENALTIES RELATIVE TO RECORDS AND REPORTS SEC. 7. Any person violating section 4 of this Act shall be subject to a penalty of $50 for each such violation. The Secretary of the Interior is authorized and empowered to mitigate or remit any such penalty in the manner prescribed by law for the mitigation or remission of penalties for violation of the navigation laws. (June 28, 1937, c. 392, § 7, 50 Stat. 328; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) EXEMPTION OF COMMISSION SEC. 8. None of the prohibitions contained in this Act shall apply to the Commission or its agents when engaged in any scientific investigation. (June 28, 1937, c. 392, § 8, 50 Stat. 328.) RULES AND REGULATIONS SEC. 9. The Secretary of the Treasury and the Secretary of the Interior are authorized to make such joint rules and regulations as may be necessary to carry out the provisions of this Act. (June 28, 1937, |