536 



§776c. Penalties and forfeitures. 



(a) Fine and imprisonment; prohibition on activities. 



Except as provided in section 776b of this title, 

 any person violating any provision of the conven- 

 tion or of this chapter or the regulation of the Com- 

 mission upon conviction shall be fined not more than 

 $1,000 or be imprisoned not more than one year, or 

 both, and the court may prohibit such person from 

 fishing for, or from shipping, transporting, purchas- 

 ing, selling, offering for sale, importing, exporting, 

 or possessing soclceye salmon or pink salmon for 

 such period of time as it may determine. 



(b) Forfeitures; first and subsequent violations. 



The catch of fish of every vessel or of any fishing 

 gear employed in any manner, or any fish caught, 

 shipped, transported, purchased, sold, offered for 

 sale, imported, exported, or possessed in violation of 

 this chapter or the regulations of the Commission 

 shall be forfeited; and upon a second and subsequent 

 violation the catch of fish shall be forfeited and 

 every such vessel and any fishing gear and appur- 

 tenances involved in the violation may be forfeited. 



(c) Same; procedure. 



All procedures of law relating to the seizure. Judi- 

 cial forfeiture, and condemnation of a vessel for 

 violation of the customs laws and the dispositipn of 

 such vessel or the proceeds from the sale thereof 

 shall apply to seizures, forfeitures, and condemna- 

 tions Incurred, or alleged to have been Incurred, 

 under the provisions of this chapter Insofar as such 

 provisions of law are applicable and not Inconsistent 

 with this chapter. 



(d) Minor violations; citation to appear. 



In cases of minor violations of the provisions of 

 the convention or of this chapter or the regulations 

 of the Commission, and in cases where immediate 

 arrest of the person or seizure of fish, fishing gear, 

 or of a vessel, together with Its tackle, apparel, fur- 

 niture, appurtenances, and cargo, would impose an 

 unreasonable hardship, the person authorized to 

 make such arrest or seizure or any court of com- 

 petent Jurisdiction may, in his or Its discretion. Issue 

 a citation requiring such person to appear before 

 the proper official of the court having Jurisdiction 

 thereof within a specified time, not exceeding fifteen 

 days; or In the case of property, post such citation 

 upon said property and require Us delivery to such 

 court within such specified time. Upon the Issuance 

 of such citation and the filing of a copy thereof with 

 the clerk of the appropriate court the person so cited 

 and the property so seized and posted shall there- 

 upon be subject to the Jurisdiction of the court to 

 answer the order of the court In such cause. Any 

 property so seized shall not be disposed of except 

 pursuant to the order of such court or the provisions 

 of subsection (e) of this section. 



(e) Bond or stipulation. 



When a warrant of arrest or other process In rem, 

 including that specified in subsection d) of this sec- 

 tion. Is issued in any cause of admiralty jurisdiction 

 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 stipulation with sufficient sureties or approved 

 corporate surety in such sum as the court shall 

 order, conditioned to deliver the property seized, if 

 condemned, without Impairment in value (or. In the 

 case of sockeye salmon or pink salmon, to pay Its 

 equivalent in money) or otherwise to answer the 

 decree of the court in such cause. Such bond or 

 stipulation shall be returned to the court and judg- 

 ment thereon against both the principal and sureties 

 may be recovered in the event of any breach of the 

 conditions thereof as determined by the court. 

 (July 29, 1947, ch. 345, §5, 61 Stat. 512; July 11, 

 1957, Pub. L. 85-102, § 3, 71 Stat. 294.) 

 Amendments 



1957— Subsecs. (a) and (e) . Pub. L. 85-102 Inserted the 

 words "or pink salmon". 



§776d. Enforcement. 



(a) Designation of Federal agency; cooperation with 

 State and Dominion officers. 



The President of the United States shall designate 

 a Federal agency which shall be responsible for the 

 enforcement of the provisions of the convention and 

 this chapter and the regulations of the Commission, 

 except to the extent otherwise provided for in the 

 convention and this chapter. It shall be the duty 

 of the Federal agency so designated to take appro- 

 priate measures for enforcement at such times and 

 to such extent as it may deem necessary to insure 

 effective enforcement and for this purpose to coop- 

 erate with other Federal agencies. State officers, the 

 Commission, and with the authorized officers of the 

 Dominion of Canada. 



(b) Authorization to State officers. 



The Federal agency designated by the President for 

 enforcement purposes may authorize officers and em- 

 ployees of the State of Washington to enforce the 

 provisions of the convention and of this chapter and 

 the regulations of the Commission. When so author- 

 ized such officers may function as Federal law- 

 enforcement officers for the purposes of this chapter. 



(c) Conformity to convention article. 



Enforcement of the convention and this chapter 

 and the regulations of the Commission shall be sub- 

 ject to and in accordance with the provisions of 

 article IX of the convention. 



(d) Arrests, searches, and seizures. 



Any duly authorized officer or employee of the 

 Federal agency designated by the President for en- 

 forcement purposes under the provisions of subsec- 

 tion (a) of this section; any officer or employee of 

 the State of Washington who is authorized by the 

 Federal agency so designated by the President: any 

 enforcement officer of the Fish and Wildlife Service 

 cf the Department of the Interior, any Coast Guard 

 officer, any United States marshal or deputy United 

 States marshal, any collector or deputy collector of 

 customs, and any other person authorized to enforce 

 the provisions of the convention, this chapter, and 

 the regulations of the Commission, shall have power, 

 without warrant or other process, but subject to the 

 provisions of the convention, to arrest any person 

 committing in his presence or view a violation of the 

 convention or of this chapter or of the regulations 

 of the Commission and to take such person imme- 



