517 



law-enforcement officers to enforce the provisions 

 of the convention, or of this chapter, or of the regula- 

 tions of the Secretaries of Commerce and the De- 

 partment in which the Coast Guard is 'operating, 

 witli respect to peisons or vessels of the United 

 StatCo, pursuant to and to the extent authorized by 

 international measures of control, and such officials 

 are authorized to function as Federal law-enforce- 

 ment officers for the purposes of this chapter. Such 

 powers shall include, only if and to the extent au- 

 thorized in international measures of control, arrest 

 of any person or search of any vessel subject to the 

 jurisdiction of the United States, execution of any 

 warrant or process issued by an officer or court of 

 competent jurisdiction for the enforcement of this 

 chapter, and seizure of any property. Unless such 

 enforcement is authorized by the international 

 measures of control or by agreement of the United 

 States, such duly authorized officials shall not ex- 

 ercise these powers in any area inhabited by species 

 of fish which are regulated by the Commission in 

 which the United States exercises the same exclusive 

 rights in respect to fisheries as it has in the terri- 

 torial sea except with regard to vessels of their own 

 flag which may be entitled within such zone, by 

 agreement with the United States, to (1) engage in 

 the fisheries, or to (2) engage in activities in support 

 of a foreign fishery fleet, or to (3) engage in the 

 taking of any Continental Shelf fishery resource 

 which appertains to the United States. 



(e) Any duly authorized enforcement officer or 

 employee of the Department of Commerce may be 

 designated by the Secretary of Commerce and any 

 Coast Guard officer may be designated by the Secre- 

 tary of the Department in which the Coast Guard 

 is operating to enforce international measures of 

 control on behalf of the United States with regard 

 to persons or vessels of any other party to the con- 

 vention to which the measure is applicable, in any 

 area inhabited by species of fish which are regulated 

 by the Commission except any such area in which 

 any other government exercises the same exclusive 

 rights in respect to fisheries as it has in its ter- 

 ritorial sea unless such enforcement is authorized by 

 the international measures of control or by agree- 

 ment with the government concerned. 



(f ) Any person designated to enforce international 

 measures of control pursuant to subsection (e) of 

 this section may be directed to attend as witness and 

 to produce such available records and files or duly 

 certified copies thereof as may be necessary to the 

 prosecution in any country party to the convention 

 of any violation of the provisions of the convention 

 or any law or regulation of that country for the en- 

 forcement thereof when reo.uested by the appropriate 

 authorities of such country. (As amended Aug. 11, 

 1971, Pub. L. 92-87, §§ 103, 107. 110(a>, (b), 85 Stat. 

 311. 312; July 10, 1974, Pub. L. 93-339, § 1 (d), (e), 



88 Stat. 293.) 



Amendments 

 1974 — Subsec. (d). Pub. L. 93-339. §l(d). substituted 

 "any area Inhabited by species of flsh which are regulated 

 by the Commission" for "that portion of the convention 

 area". 



Subsec. (e). Pub. L, 93-339, § 1(e) . substituted "any area 

 Inhabited by species of fish which are regulated by the 

 Commission except any such area" for "any portion of 

 the convention area except such portions". 



1971 — Subsec. (a). Pub. L. 92-87. § 110(a), substituted 

 provisions authorizing the Secretary of Commerce to 

 administer and enforce this chapter for provisions au- 

 thorizing the Secretary of the Interior to administer 

 and enforce this chapter through the Fish and Wildlife 

 Service. 



Subsec. (b). Pub. L. 92-87, § 106, substituted provisions 

 Imposing primary responsibility for the enforcement of 

 this chapter relating to vessals eng-aged in fishing and 

 subject to the jurisdiction of the United States on the 

 Secretary of the Department in which the Coast Guard 

 Is operating in cooperation with the Secretary of Com- 

 merce, and authorizing such Secretary, with the con- 

 currence of the Secretary of Commerce, to adopt regula- 

 tions to provide for national measures of control, and with 

 the concurrence of the Secretary of Commerce and the 

 Secretary of State, for international measures of control 

 and to cooperate with the duly authorized enforcement 

 officials of the Government of any party to the Convention 

 for provisions imposing such responsibility on the 

 United States Coast Guard in cooperation with the Pish 

 and Wildlife Service. 



Subsec. (c). Pub. L. 92-87, § 110(b), substituted 

 "Secretary of Commerce" for "Secretary of the Interior" 

 In two places. 



Subsecs. (d)-(f). Pub. L. 92-87, §107, added subsecs. 

 (d)-(f). 



S 9S". Cooporation with other aKencics; Commission's 

 functio[i.s not rostrainfd by this chapter or State 

 laws. 



I a ) The Secretary of State with the concurrence 

 of I he agency, institution, or organization concerned, 

 may direct tlie United States Commissioners to ar- 

 rain;e for the cooperation of agencies of the United 

 States Govcnunt.'iit, and of State and private insti- 

 fuIiDiis and orr.ani/alions in carrying out the pro- 

 vii,iiiMs of article VI of the convention 



1 1) ' All agencies of the Federal Government are 

 authorized, upon request of the Commission, to co- 

 operate in the conduct of scientific and other pro- 

 grams, and to furnish facilities and personnel for 

 the purpose of assisting the Commission in carrying 

 out its duties under the convention. 



(c) None of the prohibitions deriving from this 

 chapter, or contained in the laws or regulations of 

 any State, shall prevent the Commission from con- 

 ducting or authorizing the conduct of fishing opera- 

 tions and biological experiments at any time for 

 purposes of scientific investigation, or shall prevent 

 the Commission from discharging any other duties 

 prescribed by the convention. 



(d> Nothing in this chapter shall be construed to 

 limit or to add to the authority of the individual 

 States to exercise their existing sovereignty within 

 the presently defined limits of the territorial waters 

 of the respective States. (Sept 27, 1950, ch. 1054, 

 § 8. 64 Stat. 1069.) 



§ 98K. Unlawful activities. 



(a) It shall be unlawful for any person subject to 

 the jurisdiction of the United States to engage in 

 ftshing in violation of any regulation adopted pur- 

 suant to this chapter or of any order of a court 

 Issued pursuant to section 989 of this title, to 

 Ship, transport, purchase, sell, offer for sale, import, 

 export, or have in custody, possession, or control any 

 flsh taken or retained in violation of any such regu- 



