547 



person who furnishes a false return, record, or 

 report, upon conviction, shall be subject to such fine 

 as may be imposed by the court not to exceed $500. 

 and shall in addition be prohibited from whaling. 

 processing, or p>ossessing whales and whale products 

 from the date of conviction until such time as any 

 delinquent return, record, or report shall have been 

 submitted or any false return, record, or report shall 

 have been replaced by a duly certified correct and 

 true return, record, or report to the satisfaction of 

 the court. The penalties imposed by section 916f 

 of this title shall not be invoked for failure to comply 

 with requirements respecting returns, records, and 

 reports. (Aug. 9. 1950. ch. 653, § 7, 64 Stat. 423.) 



§916f. Violations; fines and penalties. 



Except as to violations defined in clause 3 of sub- 

 section (a) of section 916c of this title, any person 

 violating any provision of the convention, or of any 

 regiilation of the Commission, or of this chapter, or 

 of any regulation of the Secretary of the Interior 

 upon conviction, shall be fined not more than $10,000 

 or be imprisoned not more than one year, or both 

 In addition the court may prohibit such person from 

 whaling for such period of time as it may deter- 

 mine, and may order forfeited, in whole or in part. 

 the whales taken by such person in whaling during 

 the season, or the whale products derived therefrom 

 or the monetary value thereof. Such forfeited 

 whales or whale products shall be disposed of in 

 accordance with the direction of the court. (Aug. 9, 

 1950. ch. 653, § 8, 64 Stat. 423.) 



§916g. Enforcement of chapter; enforcement officers; 

 arrests; search and seizure of vessels; disposal of 

 property; stay of execution upon posting of bond; 

 bond requirements. 



(a) Any duly authorized enforcement officer or 

 employee of the Fish and Wildlife Service of the 

 Department of the Interior; any Coast Guard of- 

 ficer; any United States marshal or deputy United 

 States marshal; any customs officer; and any other 

 person authorized to enforce the provisions of the 

 convention, the regulations of the Commission, this 

 chapter, and the regulations of the Secretary of the 

 Interior, shall have power, without warrant or other 

 process but subject to the provisions of the con- 

 vention, to arrest any person subject to the jurisdic- 

 tion of the United States committing in his pres- 

 ence or view a violation of the convention or of this 

 chapter, or of the regulations of the Commission, or 

 of the regulations of the Secretary of the Interior 

 and to take such person immediately for examina- 

 tion before a justice or judge or any other official 

 designated in section 3041 of Title 18; and shall have 

 power, without warrant or other process, to search 

 any vessel subject to the jurisdiction of the United 

 States or land station when he has reasonable cause 

 to believe that such vessel or land station is engaged 

 in whaling in violation of the provisions of the 

 convention or this chapter, or the regulations of the 

 Commission, or the regulations of the Secretary of 

 the Interior. Any person authorized to enforce the 

 provisions of the convention, this chapter, the regu- 

 lations of the Commission, or the regulations of the 

 Secretary of the Interior shall have power to exe- 

 cute 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, 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 showing probable cause, issue 

 warrants in all such cases. Subject to the provi- 

 sions of the convention, any person authorized to 

 enforce the convention, this chapter, the regulations 

 of the Commission, and the regulations of the Sec- 

 retary of the Interior may seize, whenever and 

 wherever lawfully found, all whales or whale prod- 

 ucts taken, processed, or possessed contrary to the 

 provisions of the convention, of this chapter, of the 

 regulations of the Commission, or of the regula- 

 tions of the Secretary of the Interior. 



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 pre- 

 scribed by regulations of the Secretary of the 

 Interior. 



(b) Notwithstanding the provisions of section 2464 

 of Title 28. when a warrant of arrest or other proc- 

 ess 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 stipulation for 

 double the value of the property with sufficient 

 surety to be approved by a judge of the district court 

 having jurisdiction, conditioned to deliver the prop- 

 erty 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 recovered in event of any breach of 

 the conditions thereof as determined by the court. 

 (Aug. 9. 1950. ch. 653. § 9. 64 Stat. 423.) 



Chance of Name 

 References to United States commissioners to be deemed 



references to UrUted States magistrates, see Pub. L. 



90-578. title IV. § 402. Oct. 17. 1968. 82 Stat. 1118. which 

 provided that, within each district, references In pre- 

 viously 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 sec- 

 tion 631 of Title 28. Judiciary and Judicial Procedure. 



§916h. Cooperation beivfeen Federal and State and 

 private agencies and organizations in scientific and 

 other programs. 



(a) In order to avoid duplication in scientific 

 and other programs, the Secretary of State, with 

 the concurrence of the agency, institution, or 

 organization concerned, may direct the United 

 States Commissioner to arrange for the cooperation 

 of agencies of the United States Government, and 

 of State and private institutions and organizations 

 in carrying out the provisions of article IV of the 

 convention. 



84-049 O - 77 . 37 



