Page:United States Statutes at Large Volume 86.djvu/827

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[86 STAT. 785]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 785]

86 STAT. ]

PUBLIC LAW 92-471-OCT. 9, 1972

785

(3) by inserting immediately after "SE(^,. 10." the followinij; new es Stat. 699. subsection: ^ ^ le use 1029. " (a) I t shall be unlawful for any person subject to the jurisdiction of the United States to engage in fishing in violation of any regulation , adopted pursuant to this Act or of any order of a court issued pursuant to section 11 of this Act; to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of any such regulation or order; to fail to make, keep, submit, or furnish any record or report required of him by such regulation, or to refuse to permit any officer authorized to enforce such regulations to inspect such record or report at any reasonable time."; and (4) by adding at the end thereof the following new subsection:

  • •" *-£ ' " (g) I t shall be unlawful for any person or vessel subject to the

jurisdiction of the United States to do any act prohibited or fail to do any act required by any regulation adopted pursuant to this Act."'. SEC. 105. Section 11 of the Act is amended--penalties. (1) by striking out "subsection (a)^ (b), or (c) " in subsection ^^ ^^^ ^°^°* (a) of such section and inserting in lieu thereof "subsection (b), (c),or(d)"; (2) by striking out "subsection (d) " in subsection (b) of such section and inserting in lieu thereof "subsection (e) "; (3) by striking out "subsection (e) " in subsection (c) of such section and inserting in lieu thereof "subsection (f)*'; and (4) by amending subsection (d) of such section to read as follows: J T - ,aru H J " (d) Any person violating any other provision of this Act or any I'egulation adopted pursuant to this Act, upon conviction, shall be fined for a first offense not more than $500 and for a subsequent offense committed within five years not more than $1,000 and for such subse(i|uent offense the court may order forfeited, in whole or in part, the fish taken by such per-son, or the fishing gear involved in such fishing, or both, or the monetary value thereof. Such forfeited fish or fishing gear shall be disposed of in accordance with the direction of the court.". SEC. 106. Section 12 of the Act is amended to read as follows: Arrest, enforce"SEC. 12. (a) Any duly authorized enforcement officer or employee '^^l]}'^^"?!!^^^^ ,. 1

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or the Department 01 Commerce; any Coast Guard oliicer; any 1 nited 68 Stat. 700; States marshal or deputy United States marshal; any customs officer; ^\6 USC\o*3i and any other person authorized to enforce the provisions of the Convention, this Act, and the regulations issued pursuant thereto, shall have power without warrant or other process to arrest any person subject to the jurisdiction of the United States committing in his presence or view a violation of the Convention or of this Act, or of the regulations issued pursuant thereto, and to take such person immediately for examination before a justice or judge or any other official designated in section 3041 of title 18 of the United States Code; and 82"taSVn5^' shall have power, without warrant or other process, to search any vessel subject to the jurisdiction of the United States when he has reasonable cause to believe that such vessel is engaging in fishing in violation of the provisions of the Convention or this Act, or the regu- 4 UST aso. lations issued pursuant thereto. Any person authorized to enforce the provisions of the Convention, this Act, or the regulations issued pursuant thereto, shall have power to execute any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of this Act, and shall have power with a search warrant to search any vessel, vehicle, person, or place at any time. The judges of the United States district courts and the United States magistrates may.