533 



lications, and necessary investigations, as may be 

 necessary to execute the functions imposed upon him 

 by this chapter and as may be provided for by Con- 

 gress from time to time; and (2) to make such regu- 

 lations as he deems necessary to carry ou£ the pur- 

 poses of this chapter. Any person violating any such 

 regulation shall be deemed guilty of a violation of 

 this chapter. (May 20. 1926, ch. 346, § 5, as added 

 July 2, 1930, ch. 801, 46 Stat. 846. and amended 1939 

 Reorg. Plan No. n, § 4 (e), eff. July 1, 1939, 4 P. R. 

 2731, 53 Stat. 1433; July 30, 1947, ch. 348, 61 Stat. 



517.) 



Amendments 



1947 — Act July 30, 1947. reenacted section without 

 change. 



§852d. Arrests without warrant; issuance and execu- 

 tion of warrants and other processes; enforce- 

 ment personnel; utilization of personnel, services, 

 and facilities of other Federal agencies; searches 

 and seizures; forfeitures. 



(a) Any employee of the Department of the In- 

 terior authorized by the Secretary of the Interior to 

 enforce the provisions of this chapter ( 1 ) shall have 

 power, without warrant, to arrest any person com- 

 mitting in the presence of such employee a violation 

 of this chapter or any regulation made in pursuance 

 of this chapter, and to take such person immediately 

 for examination or trial before an officer or court of 

 competent jurisdiction; (2) shall have power to 

 execute any warrants or other process issued by 

 an officer or court of competent jurisdiction to en- 

 force the provisions of this chapter or regulations 

 made in pursuance thereof; and <3) shall have 

 authority with a search warrant issued by an officer 

 or court of competent jurisdiction, to make search 

 in accordance with the terms of such warrant. Any 

 judge of a court established under the laws of the 

 Uruted States, or any United States commissioner 

 may. within his respective jurisdiction, upon proper 

 oath or affirmation showfng probable cause, issue 

 warrants in all such cases. The provisions of this 

 section and any regulations issued thereunder shall 

 be enforced by personnel of the Secretary of the In- 

 terior, and he may utilize by agreement, with or 

 without reimbursement, personnel, services, and fa- 

 cilities of other Federal agencies. 



(b) All fish delivered for transportation or which 

 have been transported, purchased, received, or which 

 are being transported, In violation of this chapter, 

 or any regulations made pursuant thereto, shall, 

 when found by such employee or by any marshal or 

 deputy marshal, be summarily seized by him and 

 placed in the custody of such persons as the Secre- 

 tary of the Interior shall by regulations prescribe, 

 and shall, as a part of the penalty and in addition 

 to any fine or imprisonment imposed under section 

 853 of this title, be forfeited by such court to the 

 United States upon conviction of the offender under 

 this chapter, or upon judgment of the court that 

 the same were transported, delivered, purchased, or 

 received in violation of this chapter or regulations 

 made pursuant thereto. (May 20, 1926. ch. 346, 

 § 6, as added July 2, 1930. ch. 801. 46 Stat. 846, and 

 amended 1939 Reorg. Plan No. II, § 4 (e). eff. July 1, 



1939, 4 F. R. 2731, 53 Stat. 1433; July 30. 1947, ch. 348. 



61 Stat. 517; Dec. 5, 1969, Pub. L. 91-135, §9(c), 



83 Stat. 282.) 



Amendments 



1969 — Subsec. (a). Pub. L. 91-135 provided for en- 

 forcement of this section and regulations thereunder by 

 personnel of the Secretary of the Interior who may uti- 

 lize, with or without reimbursement, personnel, services, 

 and facilities of other Federal agencies. 



1947 — Act July 30. 1947, substituted "warrants" for 

 "warrant" in subsec. (a), and made changes In punctua- 

 tion In both subsections. 



§853. Penalty. 



In addition to any forfeiture provided in this chap- 

 ter, any person who shall violate any of the provi- 

 sions of this chapter shall, upon conviction thereof, 

 be punished by a fine of not exceeding $200, or im- 

 prisonment for a term of not more than three 

 months, or by both such fine and imprisonment, in 

 the discretion of the court. (May 20. 1926. ch. 346. 

 § 7, as added July 2, 1930, ch. 801, 46 SUt. 847, and 

 amended July 30. 1947. ch. 348, 61 Stat. 517.) 



Amendments 

 1947— Act July 30. 1947, reenacted section without 

 change. 



§ 854. Effect on power of States. 



Nothing in this chapter shall be construed to pre- 

 vent the several States and Territories from making 

 or enforcing laws or regulations not inconsistent 

 with the provisions of this chapter, or from making 

 or enforcing laws or regulations which shall give 

 further protection to black bass and other fish. 

 (May 20. 1926, ch. 346, § 8, as added July 2, 1930, 

 ch. 801, 46 Stat. 847. 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. subetltuted "flsh" for "game 

 flah" wherever appearing. 



1947— Act July 30. 1947, omitted reference to particular 

 species of black bass, and Included other game fish In 

 addition to black bass. 



§ 855. Effect on shipments for breeding or stocking. 



Nothing in this chapter shall be construed to pre- 

 vent the shipment in interstate commerce of any fish 

 or eggs for breeding or stocking purposes if they were 

 caught, taken, sold, purchased, possessed, or trans- 

 ported In accordance with the law of the State, the 

 District of Columbia, or Territory in which they 

 were caught, taken, sold, purchased, possessed, or 

 transported. (May 20, 1926, ch. 346, § 9. as added 

 July 2. 1930. ch. 801. 46 Stat. 847, and amended 

 July 30. 1947, ch. 348, 61 Stat. 517; Aug. 25, 1959. 

 Pub. L. 86-207, 73 Stat. 430. ) 



Amendments 



1959 — Pub. L. 86-207 substituted "any fish or eggs" for 

 "live flsh and eggs" and added the conditional clause. 



1947 — Act July 30, 1947, reenacted section without 

 change. 



§ 856. Steelhead trout of Columbia River not included 



The provisions of this chapter as relating to flsh 

 shall not apply to steelhead trout (salmo galrderil) 

 legally taken in the Columbia River between the 

 States of Washington and Oregon. (May 20. 1926, 



