Page:United States Statutes at Large Volume 50 Part 2.djvu/446

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Canada, to suspend or change the closed season provided for by this Article, as to part or all of the convention waters, when it finds after investigation such suspensions or changes are necessary, and to permit, limit, regulate and prohibit in any area or at any time when Halibutincidentally fishing for halibut is prohibited, the taking, retention and landing of taken. halibut caught incidentally to fishing for other species of fish, and the possession during such fishing of halibut of any origin. Other ishing not It is understood that nothing contained in this Convention shall afected. prohibit the nationals or inhabitants or the fishing vessels or boats of the United States of America or of Canada, from fishing in the waters hereinbefore specified for other species of fish during the sea- son when fishing for halibut in such waters is prohibited by this Convention or by any regulations adopted in pursuance of its provisions. Fishing opertigation It is further understood that nothing contained in this Conven- porsves.t aon tion shall prohibit the International Fisheries Commission from conducting fishing operations for investigation purposes at any time. ARTICLE II seizures for viola- Every national or inhabitant, vessel or boat of the United States tions. of America or of Canada engaged in halibut fishing on the high seas in violation of this Convention or of any regulation adopted under the provisions thereof may be seized by the duly authorized officers of either High Contracting Party and detained by the officers making such seizure and delivered as soon as practicable to an authorized official of the country to which such person, vessel or boat belongs, at the nearest point to the place of seizure, or elsewhere, as Prosecutions. may be agreed upon. The authorities of the nation to which such person, vessel or boat belongs alone shall have jurisdiction to conduct prosecutions for the violation of the provisions of this Convention, or any regulations which may be adopted in pursuance of its pro- visions, and to impose penalties for such violations; and the witnesses and proofs necessary for such prosecutions, so far as such witnesses or proofs are under the control of the other High Contracting Party, shall be furnished with all reasonable promptitude to the authorities having jurisdiction to conduct the prosecutions. Responsibility for Eacl High Contracting Party shall be responsible for the proper observance. observance of this Convention, or of any regulation adopted under the provisions thereof, in the portion of its waters covered thereby. ARTICLE III International Fish- The High Contracting Parties agree to continue under this Con- tnerCnesomissioncon- vention the Commission as at present constituted and known as the International Fisheries Commission, established by the Convention 43 stat. 1841; 47 for the preservation of the halibut fishery, signed at Washington, tat. 1872. March 2, 1923, and continued under the Convention signed at Ottawa, May 9, 1930, consisting of four members, two appointed by each Party, which Commission shall make such investigations as are neces- sary into the life history of the halibut in the convention waters and Filling vacancies. shall publish a report of its activities from time to time. Each of the High Contracting Parties shall have power to fill, and shall fill from time to time, vacancies which may occur in its representation on the Salaries and ex- Commission. Each of the High Contracting Parties shall pay the penses salaries and expenses of its own members, and joint expenses incurred by the Commission shall be paid by the two High Contracting Parties in equal moieties. TREATIES 1352