518 



lations, or order, to fail to make, keep, submit, or 

 furnish any record or report required of him by 

 Buch regulation, or to refuse to permit any ofBcer 

 authorized to enforce such regulations to inspect 

 such record or report at any reasonable time. 



(b) It shall be unlawful for any person or vessel 

 subject to the jurisdiction of the United States to do 

 any act prohibited or fail to do any act required by 

 any regulation adopted pursuant to this chapter. 



(c) It shall be unlawful for the master or owner 

 or any person in charge of any vessel subject to the 

 jurisdiction of the United States to refuse to permit 

 any person authorized to enforce the provisions of 

 this chapter and any regulations adopted pursuant 

 thereto, including in any area inhabited by species 

 of fish which are regulated by the Commission the 

 duly authorized officials of any party to the conven- 

 tion authorized to undertake international measures 

 of control, to board such vessel or inspect its equip- 

 ment, books, documents, or other articles or ques- 

 tion the persons on board in accordance with the 

 provisions of the convention, this chapter, regula- 

 tions adopted pursuant thereto, international meas- 

 ures of control, and national measures of control, 

 or to obstruct such officials in the execution of such 

 duties. (As amended Aug. 11, 1971, Pub. L. 92-87, 

 § 108, 85 Stat. 312; July 10, 1974, Pub. L. 93-339, 

 § 1(f), 88 Stat. 293.) 



Amendments 



1974 — Subsec. (c). Pub. L. 93-339 substituted "any area 

 Inhabited by species of fish which are regulated by the 

 Commission" for "the convention area". 



1971 — Subsec. (c). Pub. L. 92-87 added subsec. (c). 



§989. Penalties. 



(a) Any person violating subsection (a) or (b) 

 of section 988 of this title or any regulation adopted 

 by the Secretary of Commerce pursuant to this chap- 

 ter, upon conviction, shall be fined for a first offense 

 not more than $500 and for a subsequent offense 

 committed within five years not more than $1,000 

 and for such subsequent offense the court may order 

 forfeited, in whole or in part, the fish taken by such 

 person, or the fishing gear involved in such fishing, 

 or both, or the monetary value thereof. Such for- 

 feited flsh or fishing gear shall be disposed of in 

 accordance with the direction of the court. 



(b) Any person violating subsection (c) of sec- 

 tion 988 of this title or any regulation adopted pur- 

 suant to this chapter, upon conviction, shall be fined 

 for a first offense not more than $1,000 and be 

 imprisoned for not more than six months, or both, 

 and for a subsequent offense committed within five 

 years not more than $10,000 and be imprisoned 

 for not more than one year, or both. (As amended 

 Aug. 11, 1971, Pub. L. 92-87, § 109, 85 Stat. 312.) 



Amendments 



1971— Subsec. (a). Pub. L. 92-87. § 109(a) (1), (2), 

 (3), redesignated existing provisions as subsec. (a) and 

 In subsec. (a) so redesignated, substituted "subsection 

 (a) or (b) of section 988 of this title or any regulation 

 adopted by the Secertary of Commerce pursuant to this 

 chapter" for "any provision of this chapter or any regula- 

 tion adopted pursuant to this chapter". 



Subsec. (b). Pub. L. 92-87, § 109(a)(4), added subsec. 

 (b). 



§990. Arrests; enforcement oflScers; warrants and 

 processes; searches and seizures; stay of execu- 

 tion; bond or stipulation. 



(a) Any duly authorized enforcement officer or 

 employee of the Department of Commerce; any 

 Coast Guard officer; any United States marshal or 

 deputy United States marshal; any customs offlcor; 

 and any other person authorized to enforce the 

 provision.s of the convention, this chapter, and the 

 regulations is.sued pursuant thereto, shall have power 

 without warrant or other process to arrest any per- 

 son subject to the Jurisdiction of the United States 

 committiiiE in his presence or view a violation of 

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

 tions issued ijursuant thereto and to take such per- 

 son immediately for examination before a justice 

 ■ or judge or any other official designated in section 

 3041 of Title 18; and shall have power, without war- 

 rant or other process, to search any vessel subject 

 to the jurisdiction of the United States when he.has 

 reasonable cause to believe that such vessel is en- 

 gaging in fishing in violation of the provisions of 

 the convention or this chapter, or the regulations is- 

 sued pursuant thereto. Any person authorized to en- 

 force the provisions of the convention, this chapter, 

 or the regulations issued pursuant thereto shall 

 have power to execute any warrant or process issued 

 by an officer or court of competent jurisdiction for 

 the enforcement of this chapter, and shall have 

 power with a search warrant to search any vessel, 

 vehicle, person, or place at any time. The judges of 

 the United States district courts and the United 

 States Commissioners may, within their respective 

 Jurisdictions, upon proper oath or affirmation show- 

 ing probable cause, issue warrants in all such cases. 

 Any person authorized to enforce the provisions of 

 the convention, this chapter, or the regulations is- 

 sued 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 chapter or to regulations 

 issued pursuant thereto. Any property so seized shall 

 not be disposed of except pursuant to the order of a 

 court of competent jurisdiction or the provisions of 

 subsection (b) of this section, or, if perishable, in 

 the manner prescribed by regulations of the Secre- 

 'tary of Commerce. 



(b) Notwithstanding the provisions of section 

 2464 of Title 28, when a warrant of arrest or other 

 process in rem 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 stipu- 

 lation 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, con- 

 ditioned to deliver the property seized, if con- 

 demned, 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 ohall 



