513 



violation of any provision of the Convention or of 

 sections 772 to 772i of this title; 



(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 sections 772 to 7721 of this title; 



(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 at- 

 tempt 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 re- 

 quirements of the Convention, and which shall be 

 available for inspection at any time by any oflBcer 

 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 sections 772 to 772i of this title. 

 (June 28. 1937. ch. 392. § 3. 50 Stat. 326.) 



§ 772c. Records and reports of master or owner. 



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 fur- 

 nish any record or report, to fail to do so, or to refuse 

 to permit any officer authorized to enforce the Con- 

 vention or any representative of the Commission to 

 examine and inspect any such record or report at 

 nnv time. (June 28. 1937, ch. 392, § 4, 50 Stat. 327.) 



§ 772d. Enforcement; arrest and seizure; detention; 

 testimony of officers. 



(a) The provisions of the Convention and of sec- 

 tions 772 to 772i of this title and any regulations Is- 

 sued 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 terri- 

 torial 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 violat- 

 ing or has violated any provision of the Convention 

 or of sections 772 to 772i of this title, he shall arrest 

 such person and seize any such vessel employed in 

 such violation. If any such person on any such ves- 

 sel 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 near- 

 est 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. 



(c) Whenever it appears to any such officer of the 

 United States that any person, other than a na- 

 tional 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 per- 

 son, 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 au- 

 thorized 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. Cus- 

 toms, and Fish nnd Wildlife Service may be directed 

 to attend as witnessr.' and lo produce such avail- 

 able records and files or certified copies thereof as 

 may be pioduced compatibly with the public interest 

 and as may be considered essenti:il lo the prusrcution 

 in Canada of anv vinlnf'on of the provisions uf thv 

 Convention or any C.in;)diL\ii 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 be- 

 tween the United States and Canada on June 6. 1924 

 (44 Stat. ipt. 3), 2097). (June 28. 1937, ch. 392, § ;"., 

 50 Stat. 327; 1939 Reorg. Plan No. II. §4 (e). eff. 

 July 1. 1939. 4 P. R 2731. 53 Stat. 1433; 1940 Reorg. 

 Plan No. III.'l 3. eff. June 30. 1940. 5 P. R. 2108. 54 

 Stat. 1232 ) 



S 772e. Penalties and forfeitures. 



(a) Any person violating any provision of section 

 772b of this title 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 772b of this title shall be for- 

 feited; 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, 

 inciudin.c it*- tackle, apparel, furniture, cargo, and 

 storec shiill be forfeited. 



(CI All piovisions of law relating to the seizure, 

 judicial fill fell ure. and condemnation of a vessel for 

 violation of the customs laws, (he disposition of such 

 vessel 01 the piueceds from the sale thereof, and the 

 lemi.vsjDti or .nutiR.ition of such forfeitures .shall ap- 

 ply to .vei7.uif-, and forfeituics incurred, or alleged 

 to have been incurred, under the provisions of sec- 

 tions 772 to 7721 of this title, insofar as such pro- 



