§ 725 TITLI 16.

--0CNHERVAT1ON

States receives title, shall be subject to regulations prescribed upon the facts. Libel proceedings shall be at the suit and in
under authority of this chapter. (June 7, 1024, a. 846, 1 4, the name of the United States. If such forfeiture proceedings
43 Stat. 650.) are not instituted within a reasonable time, the United States
725. Same; joint regulations, and so forth, by Secretaries of attorney shall give notice thereof, and the custodian shall
Agriculture and Commeree.-Except where it is specifically thereupon release the articles seized. (June 7, 192i, c. 340, I 8,
provided otherwise, the Secretary of Agriculture and the Sec- 43 Stat. 651.)
retary of Commerce shall Jointly prescribe such regulations, 728. Same; expenditures.-Tho Secretary of Agriculture and
exercise such functions, and perform such duties as may be the Secetary of Commerce are authorized to make such ex-
necessary to carry out the purposes of this chapter. (Juno 7, penditures for construction, equipment, maintenance, repairs,
1924, c. 316, § 5, 43 Stat. 051.) and improvements, including expenditures for personal services
726. Same; acts prohibited in refuge; commercial fishing.- at the seat of government and elsewhere, as may be necessary
No merson shall, except In accordance with regulations pro. to execute the functions imposed upon them by this chapter
scribed by the Secretary of Agriculture In respect of wild birds, and as may be provided for by Congress from time to time.
game aninals, fur-hearing animals, wild flowers, and aquatic (June 7, 1924, c. 340, § 0, 43 Stat. 052.)
plants, or by the Secretary of Commerce in respect of fish and 729. Upper Mississippi River Wild Life and Fish Refuge;
other aquatic-animal life- price per acre.-For the acquisition of any areas authorized by
(a) Enter the refuge for any purpose; or section 722 of this title, the Secretary of Agriculture shall not
(b\ I)ishirb, injure, kill, or remove, or attempt to disturb, pay for any land or land and water a price which when added
Injure, kill, or remove any wild bird, game animal, fur-bearing to the price of land or land and water theretofore purehar:d,
uniial, fish or other aquatic-animal life on the refuge; or shall exceed an average cost of $5 per acre. (June 7, 1921, c.
(e) Remove from the refuge, or Injure or destroy thereon 340, § 10, 43 Stat. 052; Mar. 4, 1925, c. 558, 43 Stat. 135.1,)
any flower, plant, tree, or other natural growth, or the nest 730. Same; violation3 of law or regulations; punishment.-
or egg of any wild bird; or Any person who shall violate or fail to comply with any pro-
(d) Injure or destroy any notice, sign board, fence, building, vision of or any regulation made pursuant to this chapter shall
or other property of the United States thereon. Commercial be deemed guilty of a misdemeanor, and upon conviction there-
fishing may, however, be conducted in the waters of this refuge of shall be fined not more than $500 or be imprisoned not more
under regulation by the Secretary of Commerce. (June 7, than six months, or both. (Juno 7, 192-, c. 346, § 11, 43
1924, c. 346, §§ 0, 7, 43 Stat. 651.) Sta. 652.)
727. Same; powers of employees of Departments of Agricul- 731. Same; effect on other laws.-Nothing in this chapter
ture and Commerce; searches and seizures.-(a) Any employee shall be construed as exempting any portion of the Mississippi
of the Department of Agriculture authorized by the Secretary River from the provisions of Federal laws for the improve-
of Agriculture to enforce the provisions of this chapter, and meat, preservation, and protection of navigable waters, nor
any employee of the Department of Commerce so authorized as authorizing any interference with the operations of the
by the Secretary of Commerce (1) shall have power, without War Department in carrying out any project now or hereafter
warrant, to arrest any person committing in the presence of adopted for the improvement of said river. (Juno 7, 1921, c.
such employee a violation of this chapter or of- any regula- 346, § 13, 43 Stat. 652.)
tion made pursuant to this chapter, and to take such person
imneitlately for examination or trial before an officer or Chapter 9.-THE BUREAU OF FISHERIES.
court of competent jurisdiction, (2) shall have power to exe- See.
cute any warrant or other process issued by an officer or 741. Commissioner of Fisheries.
court of competent jurisdiction to enforce the provisions of this 742. Acting comndssiaoner.
743. Details from
chapter or regulations made pursuant thereto, and (3) shall 744. Investigations;Coast Guard.
fteipropagation; annual statement of expendi-
have authority, with a search warrant issued by an officer or tures; investigations of damages by predacious fishes; execu-
court of competent jurisdiction to make a search In accordance tive assistance.
with the terms of such warrant. Any judge of a court estab- 745. Powers of commissioner.
lished under the laws of the United States, or any United States 746. Vessels of Bureau of Fisheries.
747. Vessels of bureau ; commutation of rations of officers and crews.
commnissloner may, within his respective jurisdiction, upon 748. Expenditure of appropriations for propagation of food fishes.
proper oath or affirmation showing probable cause, issue war- 749. Advisory committee; designations; duties; expenses.
ramtq in all such cases. 750. Station on Mississippi River for rescue of fish and propagation
of mussels.
(b) All birds, animals, fish, or parts thereof captured, in- 751. Same; personnel.
jured, or killed, and all flowers, plants, trees, and other natural
growths, and nests and eggs of birds removed, and all imple- Section 741. Commissioner of Fisheries.-There shall be
ments or paraphernalia, including guns, fishing equipment, and appointed by the President, by and with the advice and consent
boats usedl or attempted to be used contrary to the provisions of the ,Henate, a person of scientific and practical acquaintance
of this chapter or any regulations made pursuant thereto, shall, with the fish and fisheries to be a Commissioner of Fisheries,
when found by such employee or by any marshal or deputy and he shall be removable at the pleasure of the President. Ie
marshal, be summarily seized by him and placed in the shall not hold any other office or employment under the au-
custody of such persons as the Secretary of Agriculture and the thority of the United States or any State. (R.S.§ 4395; Jan.
Secretary of Commerce may jointly by regulation prescribe. 20, 1888, e. 1, 25 Stat. 1; Feb. 27, 1925, c. 804, 43 Stat. 1040.)
(c) A report of the seizure shall be made to the United States 742. Acting commissioner.-In the case of the absence of the
attorney for the judicial district in which the seizure is made, Commissioner and Deputy Commissioner of Fisheries the Sec-
for forfeiture either (1) upon conviction of the offender under retary of Commerce may designate some officer of said bureau
section 730 of this title, or (2) by proceedings by libel in rem. to perform the duties of the commissioner during their absence.
Such libel proceedings shall conform as near as may be to (far. 4, 1011, e. 285, § 1, 80 Stat. 1430; Mar. 4, 1913, c.141; §
civil suits in admiralty, except that either party may demand 1,87 Stat. 736.)
trial by jury upon any issue of fact when the value in con- 743. Details from Coast Guard.-The Secretary of the Treas.
troversy exceeds $20. In case of a jury trial the verdict of ury is authorized to detail from time to time for duty under
the Jury shall have the same effect as the finding of the court the Commissioner of Fisheries any officers and
men of the Coast
 TITLE 16.-CONSERVATION
Guard whose services cdn be spared for such duty. (Mar. 8,
1885, c. 300, 23 Stat. 494; Jan. 28, 1915, c. 20, 38 Stat. 800.)
744. Investigations; fish propagation; annual statement of
expenditures; investigations of damages by predacious fishes;
executive assistance.--The Commissioner of Fislerles shall
prosecute investigations aml inquiries on tile subject, with
tile view of ascertaining whether any and what diminution in
the number of the food fishes of the coast and the lakes of the
United States has taken place; and, if so, to what causes the
saine is due; and also whether any and what protective, pro-
hlbltory, or precautionary measures should le a,)1oied in tie
lrenises; and shall report upon the same to Congress. Ilo
shall submit annually to Congress at the beginning of each
session a detailed statement of expenditures unler all appro-
priations for "propagation of food fishes." Ie is authorized
and directed to conduct investigations nd experiments for the
purpose of ameliorating the damage wrought to the fisheries
by dogfish and other predacious fishes and aquatic animals.
Said Investigations and experhients shall be such as to de-
velop the best and cheapest means of taking such fishes and
aquatic anhinals, of utilizing them for economic purposes, e-
pecllly for food and to encourage the establishnent of fisheries
and markets for them.
The heads of the several executive departments shall cause
to lie rendered all necessary and practicable ahi to the comnls-
sloner in the prosecution of his Investigations and Inquiries.
(R..S. §§ 41390, '1397; Mar. 3, 1887, c. 362, 24 Stat. 523; Juno 21,
1910, c. 160; § 1, 2, 39 Stat. 232.)
745. Powers of commissioner.-The comnilsstoner may take
or cause to lie takeu at all tlies, in the waters of the seacoast
of tie United States, where the tide ebbs and flows, and also
in time waters of the lakes, such fish or speciens thereof as
may inI hIs judgment, from time to time, be needful or proper
for the conduct of his duties, tiny law, custon, or usage of any
State to the contrary notwithstanding. (11. S. § 4398.)
746. Vessels of Bureau of Fisheries.-The Secretary of the
Navy is authorized to place tile vessels of the United States
Bur.lau of Fisheries on the same footing with the Navy De-
partmnent as those of the United States Coast and' Geodetic
Survey. (May 31, 1880, c. 113, § 1, 21 Stat. 151.)
747. Vessels of bureau; commutation of rations of o-fl-
cers and crews.-Coninuttlon of rations (not to exceed $1 per
day) may be pald to ofilcers and crews of vessels st the Bureau
of Fisheries under regulations prescribed by the Secretary of
Commerce. (Mar. 28, 1922, c. 117, Title I, 42 Stat. 484; Jan.
5, 1923, c. 24, Title 1, 42 Stat. 1125; May 28, 1924, c. 204, Title
III, 43 Stat. 238; Feb. 27, 1925, c. 364, Title III, 43 Stat. 1047.)
748. Expenditure of appropriations for propagation of food
fishes.-Appropriations for propagation of food fishes shall not
be expended for hatching or planting fish or eggs In any State
in which, in the judgment of the Secretary of Commerce, there
are not ndequate laws for the protection of the fishes, nor in
any State ia which the United States Conmmissioner of Fisher-
ies and is duly authorized agents are not accorded full and
free right to conduct fish-cultural operations, and all fishing
and other operations necessary therefor, in such manler and at
such times as is considered necessary amd proper by the said
commissioner or his agents. (July 1, 1918, c. 113, § 1, 40 Stat.
693.)
749. Advisory committee; designations; duties; expenses.-
There shall ibe an advisory counmittee of not to exceed two
members from the Atlantic coast, two niemners from tie Pacific
coast, and four mnemlers from the inland waters, Great Lakes,
and Alaskan sections of the United States, to be designated
from time to time by the Secretary of Commerce, to consist
of men pronlhnently identified with tile various branches of the
fishery Industry, qualified in aquatic research, and experienced
in fish culture, who shaU visit the Bureau of Fisheries at such
§ 762
times as the Secretary of Conmerce may deem necessary and
report to the Secretary of Conmmerce on the condition and
needs of the service, the immibers to serve wlthout eomlclsa.
tion, but to be paid the actual expenses icurred itiattending
the meetings. (June 16, 1921, c. 23, § 4, 42 Stat. 0W.)
750. Station on Mississippi River for rescue of fishes and
propagation of mussels.-There shall be established oil the
Mississippi River, at a point to be selected by the Secretary
of Comnerce, a station for the rescue of flishes and the prolla-
gation of mussels in connection with fish-rescue operations
throughout the Mississippi Valley, to be under the direction
of the Bureau of Fisheries of the Departnet of Coimmerce.
(Apr. 28, 1922, c. 153, § 1, 42 Stat. 501.)
751. Same; personnel.-In connection with the establishlent
of such fish-rescue station there Is authorized the following
personnel, namely: One district supervisor, to have general
charge of fish-rescue uind fish-cultural oelirations in tlhe Missis-
sippil Valley; a superintendent, two field foremen, four fish-cul-
turists at large, one engileer at large, one clerk, two coxswains
at large, and two apprentice tish-culturlsts, whose respective
salaries shall be paid In accordance with the provisions of
section 676 of Title 5, EXECUTIVE DI'ATITMENTS AND GOVERN-
2.iENT OFFICFRS AND EM'IPLOYEES. (Apr. 28, 1922, c. 153, § 2,
42 Stilt. 501.)
Chapter 10.-NORTHERN PACIFIC IIA 1BUT FISHERY.
See.
701. Deflaition of terms " clo~e selsoti," " territorial waters," " pro.
hibited waters."
762. Fishing unlawful, when; exceptions.
763. Unlawful port use; departures,
764. Unlawful port entry; possesslon of limit unlawfully caught.
765. Canadhin vessels nod nstlonals.
766. I'atrols ; searches.
707. Seizure and forfeiture.
708. Penalty ; Fiherles Conmmission exempted.
769. Duration of chapter.
Section 761. Definition of terms "close season," "terri-
torial waters," "prohibited waters."-For the lulrposes of tils
chapter "close season" shall mean tile period front the 16th
dlay of November in any year to tile 15tlh day of February ii
the next following year, both days Inclusive, or ily otiher
close season hereafter fixed by agreement between till' United
States and Canada ; " territorial waters of the United States "
shall imein tile waters contlguous to ti1e western coast of the
United States and the waters contiguous to the coast of
Alaska ; "territorial waters of Canada shall Inenll tile waters
contiguous to the western coast of Canada, and "prohibited
waters" shall mean tile territorill waters of tie United States,
tile territorial waters of Canada, and tlhe high sells, includling
Bering Sea, extending westerly from the limits of tile terri-
torial waters of the United States and of Canada. (June 7
1924, c. 345, § 2, 43 Stat. 648.)
762. Fishing unlawful, when; exccptions.-It shall be unlaw-
ful for any person to fish for, or catch, or attemipt to catch,
any halilbut (hippoglossus) at iny tile during tile close season
ill the territorial waters of tile United States, or for aliy
national or Inhabitant of the United States to fish for, or catch,
or attemlt to catch, any halibut at any tine during the close
season In prohibited waters. Tile unintentional catching of
halibut, when legally fishilng for other species of fish, shall not
constitute a violation of this section if suchilhalibut shal lie
used for food by the crew of tie vessel catching the samIe, or
be landed and Immediately delivered to any authorized uifll-
clal of the Bureau of Flherihs (if the elrlartment of Commerce
of the United States or the fishing aulltritles of tile l)omiion
of Canada. The halibut delivered to any olliclal of the United
States pursuant to the provisions of tills section shall ie sold
by the Department of Comlerce to the highest bidder for
cash and the proceeds therefrom, exclusive of necessary ex-