532 



853e. Ixpendltures; publications; iDTestlgatlons; regula- 

 tions and their violations. 



esad. Arrests without warrant; Issuance and execution of 

 warrants and other processes; enforcement per- 

 sonnel; utilization of personnel, services, and 

 facilities of other Federal agencies; searches and 

 selEures; forfeitures. 



U3. Penalty. 



BM. Effect on power of States. 



8U. Effect on shipments foi; breeding or stocking. 



868. Steelhead trout of Columbia River not Included. 



§851. Deflnitions. 



When used In thla chapter the word "person" In- 

 cludes company, partnership, corporation, associa- 

 tion, and common carrier, and the term "State" 

 means the several States, the District of Columbia, 

 the Commonwealth of Puei^to Rico, American Samoa, 

 the Virgin Islands, and Ouam. (May 20, 1026, ch. 

 346. { 1, 44 Stat. 576; July 2, 1930, ch. 801, 46 Stat. 

 845; July 30, 1947, ch. 348, 61 Stat. 517; July 16, 1952, 

 ch. 911, 9 1, 66 Stat. 736; Dec. 5, 1969, Pub. L. 91-135, 

 {9(d), 83 Stat. 282.) 



Amend MINTS 



1969— Pub. L. 01-135 deflned the term "SUte". 

 19S3 — Act July 16, 19S2, omitted definition of game fish. 

 1947— Act July 30, 1B47, added definition of game fish. 

 1930 — Act July a, 1930, reenacted section without 

 change. 



§ 852. Transportation forbidden where law has been 

 violated. 



It shall be unlawful for any person — 



(1) to deliver or receive for transportation, or 

 to transpwrt, by any means whatsoever, in inter- 

 state or foreign commerce, any black bass and 

 other fish, if such person knows or in the exercise 

 of due care should know that (A) such delivery or 

 transportation is contrary to the law of the State 

 or any foreign country from which such black bass 

 or other fish is found or transported, or is contrary 

 to other applicable law, or (B) such black bass or 

 other flsh has been either caught, killed, taken, 

 sold, purchased, possessed, or transported, at any 

 time, contrary to the law of the State 9r foreign 

 country, in which It was caught, killed, taken, sold, 

 purchased, or possessed, or from which it was 

 transported, or contrary to other applicable law; 



(2) to purchase or receive any such black bass 

 or other flsh, if such person knows, or in the exer- 

 cise of due care should know, that such bass or flsh 

 has been transported in violation of the provisions 

 of this chapter; 



(3) receiving any shipment of black bass or 

 other flsh transported in interstate or foreign com- 

 merce to make any false record or render a false 

 account of the contents of such shipment, if such 

 I>erson knows, or in the exercise of due care should 

 know, that such record or account is false. For the 

 purposes of this section, the provisions of section 

 10 of Title 18, shall apply to the term "interstate 

 or foreign Commerce". 



(May 20, 1926. ch. 346, $ 2. 44 Stat. 576; July 2, 1930. 

 ch. 801. 46 Stat. 845; July 30. 1947. ch. 348. 61 Stat. 

 517; July 16. 1952. ch. 911, 5 2, 66 Stat. 736; Dec. 5, 

 1969, Pub. L. 91-135. { 9(a). 83 Stat. 281.) 



Amendments 



1969 — Pub. L. 91-135 designated existing provisions as 

 pars. (1), (2), and (3). redesignated els. (1) and (3) as 



(A) and (B) In par. (1) and proscribed therein conduct 

 contrary to the laws of any foreign country, revised the 

 provisions of the section to clarify the nature of the 

 various violations, also Imposed penalties upon a person 

 who In the exercise of due care should know that he Is 

 committing one of the enumerated violations, made par 

 (3) applicable to transportation In foreign commerce, and 

 made applicable the definition In section 10 of Title 18 

 to the term "Interstate or foreign commerce". 



1952 — Act July 18, 1952, substituted "flsh" for "game 

 flsh" wherever appearing. 



1947— Act July 30, 1947, included other game flsh In 

 addition to black bass, omitted references to particular 

 species of black bass, and Inserted general provisions 

 with reference to acta contrary to other applicable laws. 



1930 — Act July 2, 1930, amended section generally. 



§ 852a. Packages and containers; markings on outside. 

 Any package or container containing such flsh 

 transported or delivered for transportation in inter- 

 state commerce or foreign commerce, except any 

 shipment covered by section 855 of this title, shall 

 be clearly and conspicuously marked on the outside 

 thereof with the name "Fish", an accurate statement 

 of the number of each species of such flsh contained 

 therein, and the names and addresses of the shipper 

 and consignee. (May 20, 1926. ch. 346. S 3. as added 

 July 2. 1930, ch. 801, 46 Stat. 846, and amended 

 July 30, 1947. ch. 348. 61 Stat. 517; July 16. 1952. ch. 



911, § 2, 66 Stat. 736; Dec. 5. 1969. Pub. L. 91-135. 



S9(b).83SUt. 282.) 



Amendments 



1969 — Pub. L. 91-135 made the provisions applicable to 

 transportation In foreign commerce. 



1962 — Act July 16, 1952, substituted "fish" for "game 

 flah" wherever appearing. 



1947 — Act July 30, 1947, substituted "game fish" for 

 "black bass" and Inserted provision as to each species ot 

 fish. 



§852b. Application of State laws on arrival in State; 

 original package. 



All such black bass or other flsh transported into 

 any State, Territory, or the District of Columbia for 

 use, consumption, sale, or storage therein shall upon 

 arrival In such State, Territory, or the District of 

 Columbia be subject to the operation and effect of 

 the laws of such State, Territory, or the District of 

 Columbia to the same extent and in the same man- 

 ner as though such flsh had been produced in such 

 State, Territory, or the District of Columbia, and 

 shall not be exempt therefrom by reason of being 

 introduced therein in original packages or otherwise. 

 (May 20, 1926. ch. 346, § 4, as added July 2, 1930, 

 ch. 801. 46 Stat. 846, and amended July 30, 1947, ch. 

 348, 61 Stat. 517; July 16, 1952, ch. 911, § 2, 66 Stat. 



736.) 



Amendments 



1952 — Act July 16, 1952, substituted "fish" for "game 

 flsh" wherever appearing. 



1947 — Act July 30. 1947, included other game flsh In 

 addition to black bads. 



§852c. Expenditures; publications; investigations; 

 regulations and their violations. 



The Secretary of the Interior is authorized (1) to 

 make such expenditures, including expenditures for 

 personal services at the seat of government and else- 

 where, and for cooperation with local, State, and 

 Federal authorities, including the Issuance of pub- 



