543 



(c) The commissions are authorized and em- 

 powered to supply facilities and personnel to existing 

 non-Federal agencies to expedite research work 

 which in the judgment of the commissions is con- 

 tributing or will contribute directly to the purposes 

 of the conventions. (Sept. 7. 1950, ch. 907, § 9, 64 

 Stat. 779.) 



§ 959. Enforcement of chapter. 



(a) Issuance of process. 



The judges of the United States district courts 

 and United States commissioners may, within their 

 respective jurisdictions, upon proper oath or affirm- 

 ation showing probable cause, issue such warrants 

 or other process as may be required for enforce- 

 ment of this chapter and the regulations issued 

 pursuant thereto. 



(b) Federal law enforcement agents. 



Enforcement of the provisions of this chapter and 

 the regulations issued pursuant thereto shall be the 

 joint responsibility of the United States Coast 

 Guard, the United States Department of the In- 

 terior, and the United States Bureau of Customs. 

 In addition, the Secretary of the Interior may 

 designate officers and employees of the States of the 

 United States, of the Commonwealth of Puerto 

 Rico, and of American Samoa to carry out enforce- 

 ment activities hereunder. When so designated, 

 such officers and employees are authorized to 

 function as Federal law enforcement agents for 

 these purposes. 



(c) Execution of process. 



Any person authorized to carry out enforcement 

 activities hereunder shall have the power to execute 

 any warrant or process issued by any officer or court 

 of competent jurisdiction for the enforcement of 

 this chapter. 



(d) Arrests. 



Such person so authorized shall have the power — 



(1) with or without a warrant or other process, 

 to arrest any persons subject to the jurisdiction of 

 the United States at any place within the jurisdic- 

 tion of the United States committing in his pres- 

 ence or view a violation of this chapter or the 

 regulations issued thereunder; 



(2) with or without a warrant or other process, 

 to search any vessel subject to the jurisdiction of 

 the United States, and, if as a result of such search 

 he has reasonable cause to believe that such vessel 

 or any person on board is engaging in operations in 

 violation of the provisions of this chapter or the 

 regulations issued thereunder, then to arrest such 

 person. 



(e) Seizures and disposition of fish. 



Such person so authorized may seize, whenever 

 and wherever lawfully found, all fish taken or re- 

 tained in violation of the provisions of this chapter 

 or the regulations issued pursuant thereto. Any 

 fish so seized may be disposed of pursuant to the 

 order of a court of competent jurisdiction, pursuant 

 to the provisions of subsection Cf ) of this section or, 

 if perishable, in a maimer prescribed by regulations 

 of the Secretary of the Interior. 



(f) Security. 



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 fish seized if the proc- 

 ess has been levied, on receiving from the claimant 

 of the fish a bond or stipulation for the value of 

 the property with sufficient surety to be approved 

 by a judge of the district court having jurisdiction 

 of the offense, conditioned to deliver the fish seized, 

 if condemned, 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 

 shall be returned to the court and judgment thereon 

 against both the principal and sureties may be re- 

 covered in event of any breach of the conditions 

 thereof as determined by the court. In the discre- 

 tion of the accused, and subject to the direction of 

 the court, the fish may be sold for not less than its 

 reasonable market value and the proceeds of such 

 sale placed in the registry of the court pending 

 judgment in the case. (Sept. 7, 1950, ch. 907, § 10, 

 64 Stat. 779; Oct. 15, 1962. Pub. L. 87-814, §5, 76 

 Stat. 925.) 



Amendments 

 1962— Subsec. (a). Pub. L. 87-814 substituted pro- 

 visions for Issuance of process for provisions respecting 

 arrest and execution of process, incorporated In subsecs. 

 ( c ) and (d)(1) of this section. 



Subsec. (b). Pub. L. 87-814 substituted provisions 

 respecting Federal law enforcement agents for provisions 

 relating to Inspections, Incorporated in section 956 of this 

 title. 



Subsec. (c). Pub. L. 87-814 substituted provisions for 

 execution of process, formerly Incorporated In subsec. (a), 

 for provisions respecting the functioning of officers and 

 law enforcement officers, Incorporated In subsec. (b) of 

 this section. 



Subsec. (d). Pub. L. 87-814 Incorporated provisions 

 of former subsec. (a) In par. (1) and added par. (2). 



Subsecs. (e), (f). Pub. L. 87-814 added subsecs. (e) 

 and (f). 



Change op Name 

 References to United States commissioners to be deemed 

 references to United States magistrates, see Pub L. 90- 

 578. title rv, §402. Oct. 17. 1968. 82 Stat. 1118, which 

 provided that, within each district, references In previ- 

 ously enacted statutes and previously promulgated rules 

 and regulations to United States commissioners are to be 

 deemed, within such district, references to United States 

 magistrates duly appointed under section 631 of Title 28 

 as soon as the first United States magistrate assumes 

 office within that district or on Oct. 17. 1971. whichever 

 Is earlier. See Applicable Law note under section 631 of 

 Title 28. Judiciary and Judicial Procedure. 



§ 960. Commissions' functions not restrained by this 

 chapter or state laws. 



None of the prohibitions contained in this chap- 

 ter or in the laws and regulations of the States shall 

 prevent the commissions from conducting or author- 

 izing the conduct of fishing operations and biological 

 experiments at any time for the purpose of scientific 

 investigations as authorized by the conventions, or 

 shall prevent the commissions from discharging any 

 of its or their functions or duties prescribed by the 

 conventions. (Sept. 7. 1950. ch. 907, § 11. 64 Stat. 

 779.) 



