EFFECTIVE DATE OF 1936 AMENDMENT Section effective June 30, 1937, see section 1 of act June 20, 1936, set out as a note under section 703 of this title. SECTION REFERRED TO IN OTHER SFCTIONS This section is referred to in sections 459a-1, 6681, 703, 706, 707, 709a, 710, 711, 718, 718f of this title. SECTION REFERRED TO IN D.C. CODE This section is referred to in section 22-1628 of the District of Columbia Code. § 709. Migratory birds, nests, or eggs for scientific or propagating purposes. CODIFICATION Section, act July 3, 1918, ch. 128, 8, 40 Stat. 756, authorized taking and use of migratory birds, nests, or eggs for scientific or propagating purposes until adoption and approval, pursuant to section 704 of this title, of regulations dealing therewith. Regulations were promulgated by Proc. July 31, 1918, 40 Stat. 1812. § 709a. Authorization of appropriations. There is hereby authorized to be appropriated, from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions aid to accomplish the purposes of said conventions and of sections 703 to 711 of this title and repulations made pursuant thereto, and the Secretary of the Interior is authorized out of such moneys to employ in the city of Washington and elsewhere such persons and means as he may deem necessary for such purpose and may cooperate with local authorities in the protection of migratory birds and make the necessary investigations connected therewith. (July 3, 1918, ch. 128, § 9, as added June 20, 1936, ch. 634, 5, 49 Stat. 1556, and amended 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) REFERENCES IN TEXT. Section 709, included within the reference to sections 703 to 711 of this title, was omitted from this Code. EFFECTIVE DATE Section effective June 30, 1937, see section 1 of act June 30, 1936, set out as a note under section 703 of this title. TRANSFER OF FUNCTIONS Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 701 of this title. AVAILABILITY OF FUNDS Section 6 of act June 20, 1936, provided that "all moneys now or hereafter available for administration and enforcement of said Act approved July 3, 1918 [sections 703-708, 709a-711 of this title], shall be equally available for the administration and enforcement of said Act as hereby amended." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459a-1, €56d, 703, 706, 707, 708, 710, 711, 718, 718f of this title. § 710. Partial invalidity; short title. If any clause, sentence, paragraph, or part of sections 703 to 711 of this title, which shall be known by the short title of the "Migratory Bird Treaty Act". shall for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (July 3, 1918, ch. 128, §§ 1, 10, 40 Stat. 755, 757.) REFERENCES IN TEXT Section 709, included within the reference to sections 703 to 711 of this title, was omitted from this Code. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459a-1, 666d, 703. 706, 707, 708, 709a, 711, 718, 718f of this title. SECTION REFERRED TO IN D.C. Coon This section is referred to in section 22-1628 of the District of Columbia Code. §711. Breeding and sale for food supply. Nothing in sections 703 to 710 of this title shall be construed to prevent the breeding of migratory game birds on farms and preserves and the sale of birds so bred under proper regulation for the purpose of increasing the food supply. (July 3, 1918, ch. 123. § 12, 40 Stat. 757.) REFERENCES IN TEXT Section 709, included within the reference to sections 703 to 710 of this title, was omitted from this Code. SECTION REFERRED TO IN QUER SECTIONS This section is referred to in sections 439a-1. G&rd, 703. 706, 707, 708, 709a, 710, 718, 718f of this title. SECTION REFERRED TO IN D.C. COPE This section is referred to in section 22-1628 of the District of Columbia Code. (b) "Commission” means the International North Pacific Fisheries Commission provided for by article II of the Convention; (c) "United States Section" means the United States Commissioners to the Commission; (d) "Convention area” means all waters, other than territorial waters, of the North Pacific Ocean which for the purposes of this chapter shall include the adjacent seas; (e) "Fishing vessel" means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities. (Aug. 12, 1954, ch. 669, § 2, 68 Stat. 698.) SHORT TITLE Section 1 of act Aug. 12, 1954, provided that this chapter should be popularly known as the "North Pacific Fisheries Act of 1954." SEPARABILITY OF PROVISIONS Section 14 of act Aug. 12, 1954, provided that: "If any provision of this Act [this chapter] or the application of such provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act [this chapter] and the applicability of such provision to other circumstances or persons shall not be affected thereby." §1022. Commissioners; appointment, number and com pensation. The United States shall be represented on the Commission by not more than four Commissioners to be appointed by the President, to serve as such during his pleasure, and to receive no compensation for their services as Commissioners. Of such Commissioners (a) one shall be an official of the United States Government; and (b) each of the others shall be a person residing in a State or Territory, the residents of which maintain a substantial fishery in the Convention area. (Aug. 12, 1954, ch. 669, § 3, 68 Stat. 698.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1024 of this title. § 1023. Advisory Committee; appointment and number of members; terms; sessions; meetings; compensation. (a) The United States Section shall appoint an advisory committee composed of not less than five nor more than twenty members and shall fix the terms of office thereof, such members to be selected both from the various groups participating in the fisheries covered by the Convention and from the fishery agencies of the States or Territories, the residents of which maintain a substantial fishery in the Convention area. (b) Any or all members of the advisory committee may attend all sessions of the Commission except executive sessions. (c) The advisory committee shall be invited to all nonexecutive meetings of the United States Section and at such meetings shall be granted opportunity to examine and to be heard on all proposed programs of study and investigation, reports, and recommendations of the United States Section. (d) The members of the advisory committee shall receive no compensation for their services as such members. On approval by the United States Sec tion, not more than three members of the committee, designated by the committee, may be paid for transportation expenses and per diem incident to attendance at meetings of the Commission or of the United States Section. (Aug. 12, 1954, ch. 669, § 4, 68 Stat. 698.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1024 of this title. § 1024. Conflict of interests statutes inapplicable. Service of any individual appointed from private life as a United States Commissioner pursuant to section 1022 of this title, or as a member of the Advisory Committee appointed pursuant to section 1023 (a) of this title, shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, 284, and 434 of Title 18, and section 99 of Title 5, except insofar as such provisions of law may prohibit any such individual from acting or receiving compensation in respect to matters directly relating to the Convention, this chapter, or regulations issued pursuant to this chapter. (Aug. 12, 1954, ch. 669, § 5, 68 Stat. 698.) REFERENCES IN TEXT Sections 281 and 283 of Title 18, referred to in text, were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, except as they may apply to retired officers of the armed forces of the United States, and were supplanted by sections 203 and 205 of Title 18, Crimes and Criminal Procedure. Sections 284 and 434 of Title 18, referred to in text, were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, and were supplanted by sections 207 and 208 of Title 18, Crimes and Criminal Procedure. Section 99 of Title 5, referred to in text, was repealed by Pub. L. 87-849, § 3, Oct. 23, 1962, 76 Stat. 1126. For similar provisions see section 207 of Title 18, Crimes and Criminal Procedure. § 1025. Powers of President; acceptance or rejection of Commission's recommendations; selection of special committee. The President is authorized to (a) accept or reject, on behalf of the United States, recommendations made by the Commission in accordance with the provisions of article III, section 1, of the Convention, and recommendations made by the Commission in pursuance of the provisions of the Protocol to the Convention; and (b) act for the United States in the selection of persons by the contracting parties to compose the special committee provided by the Protocol to the Convention. (Aug. 12, 1954, ch. 669, § 6, 68 Stat. 699.) Ex. ORD. No. 11467. DELEGATION OF AUTHORITY TO Ex. Ord. No. 11467, May 1, 1969, 34 F.R. 7271, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code [section 301 of title 3, The President) and as President of the United States, it is ordered as follows: SECTION 1. The Secretary of State is hereby designated and empowered to perform the following-described functions without the approval, ratification, or other action of the President: (1) The authority vested in the President by section 6(a) of the North Pacific Fisheries Act of 1954 (68 Stat. 699; 16 U.S.C. 1025 (a)) [subsec. (a) of this section] to accept or reject, on behalf of the United States, recommendations made by the International North Pacific Fisheries Commission in accordance with the provisions of EFFECTIVE DATE OF 1936 AMENDMENT Section effective June 30, 1937, see section 1 of act June 20, 1936, set out as a note under section 703 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459a-1, 6681, 703, 706, 707, 709a, 710, 711, 718, 718f of this title. SECTION REFERRED TO IN D.C. CODE This section is referred to in section 22-1628 of the District of Columbia Code. §709. Migratory birds, nests, or eggs for scientific or propagating purposes. CODIFICATION Section, act July 3, 1918, ch. 128, 8, 40 Stat. 756, authorized taking and use of migratory birds, nests, or eggs for scientific or propagating purposes until adoption and approval, pursuant to section 704 of this title, of regulations dealing therewith. Regulations were promulgated by Proc. July 31, 1918, 40 Stat. 1812. § 709a. Authorization of appropriations. There is hereby authorized to be appropriated, from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions aid to accomplish the purposes of said conventions and of sections 703 to 711 of this title and regulations made pursuant thereto, and the Secretary of the Interior is authorized out of such moneys to employ in the city of Washington and elsewhere such persons and means as he may deem necessary for such purpose and may cooperate with local authorities in the protection of migratory birds and make the necessary investigations connected therewith. (July 3, 1918, ch. 128, § 9, as added June 20, 1936, ch. 634, § 5, 49 Stat. 1556, and amended 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) REFERENCES IN TEXT. Section 709, included within the reference to sections 703 to 711 of this title, was omitted from this Code. EFFECTIVE DATE Section effective June 30, 1937, see section 1 of act June 30, 1936, set out as a note under section 703 of this title. TRANSFER OF FUNCTIONS Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 701 of this title. AVAILABILITY OF FUNDS Section 6 of act June 20, 1936, provided that "all moneys now or hereafter available for administration and enforcement of said Act approved July 3, 1918 [sections 703-708, 709a-711 of this title], shall be equally available for the administration and enforcement of said Act as hereby amended." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459a-1, €56d, 703, 706, 707, 708, 710, 711, 718, 718f of this title. § 710. Partial invalidity; short title. If any clause, sentence, paragraph, or part of sections 703 to 711 of this title, which shall be known by the short title of the "Migratory Bird Treaty Act". shall for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (July 3, 1918, ch. 128, §§ 1, 10, 40 Stat. 755, 757.) REFERENCES IN TEXT Section 709, included within the reference to sections 703 to 711 of this title, was omitted from this Code. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459a-1, 666d. 703. 706, 707, 708, 709a, 711, 718, 718f of this title. SECTION REFERRED TO IN D.C. CODT This section is referred to in section 22-1628 of the District of Columbia Code. §711. Breeding and sale for food supply. Nothing in sections 703 to 710 of this title shall be construed to prevent the breeding of migratory game birds on farms and preserves and the sale of birds so bred under proper regulation for the purpose of increasing the food supply. (July 3, 1918, ch. 123, § 12, 40 Stat. 757.) REFERENCES IN TEXT Section 709, Included within the reference to sections 703 to 710 of this title, was omitted from this Code. SECTION REFERRED TO IN QUER SECTIONS This section is referred to in sections 439a-1, 66rd, 703. 706, 707, 708, 7094, 710, 718, 718f of this title. SECTION REFERRED TO IN D.C. CODE This section is referred to in section 22-1628 of the District of Columbia Code. (b) "Commission" means the International North Pacific Fisheries Commission provided for by article II of the Convention; (c) "United States Section" means the United States Commissioners to the Commission; (d) "Convention area" means all waters, other than territorial waters, of the North Pacific Ocean which for the purposes of this chapter shall include the adjacent seas; (e) "Fishing vessel" means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities. (Aug. 12, 1954, ch. 669, § 2, 68 Stat. 698.) SHORT TITLE Section 1 of act Aug. 12, 1954, provided that this chapter should be popularly known as the "North Pacific Fisheries Act of 1954." SEPARABILITY OF PROVISIONS Section 14 of act Aug. 12, 1954, provided that: "If any provision of this Act [this chapter] or the application of such provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act [this chapter] and the applicability of such provision to other circumstances or persons shall not be affected thereby." § 1022. Commissioners; appointment, number and com pensation. The United States shall be represented on the Commission by not more than four Commissioners to be appointed by the President, to serve as such during his pleasure, and to receive no compensation for their services as Commissioners. Of such Commissioners (a) one shall be an official of the United States Government; and (b) each of the others shall be a person residing in a State or Territory, the residents of which maintain a substantial fishery in the Convention area. (Aug. 12, 1954, ch. 669, § 3, 68 Stat. 698.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1024 of this title. § 1023. Advisory Committee; appointment and number of members; terms; sessions; meetings; compensation. (a) The United States Section shall appoint an advisory committee composed of not less than five nor more than twenty members and shall fix the terms of office thereof, such members to be selected both from the various groups participating in the fisheries covered by the Convention and from the fishery agencies of the States or Territories, the residents of which maintain a substantial fishery in the Convention area. (b) Any or all members of the advisory committee may attend all sessions of the Commission except executive sessions. (c) The advisory committee shall be invited to all nonexecutive meetings of the United States Section and at such meetings shall be granted opportunity to examine and to be heard on all proposed programs of study and investigation, reports, and recommendations of the United States Section. (d) The members of the advisory committee shall receive no compensation for their services as such members. On approval by the United States Sec tion, not more than three members of the committee, designated by the committee, may be paid for transportation expenses and per diem incident to attendance at meetings of the Commission or of the United States Section. (Aug. 12, 1954, ch. 669, § 4, 68 Stat. 698.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1024 of this title. § 1024. Conflict of interests statutes inapplicable. Service of any individual appointed from private life as a United States Commissioner pursuant to section 1022 of this title, or as a member of the Advisory Committee appointed pursuant to section 1023 (a) of this title, shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, 284, and 434 of Title 18, and section 99 of Title 5, except insofar as such provisions of law may prohibit any such individual from acting or receiving compensation in respect to matters directly relating to the Convention, this chapter, or regulations issued pursuant to this chapter. (Aug. 12, 1954, ch. 669, § 5, 68 Stat. 698.) REFERENCES IN TEXT Sections 281 and 283 of Title 18, referred to in text, were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, except as they may apply to retired officers of the armed forces of the United States, and were supplanted by sections 203 and 205 of Title 18, Crimes and Criminal Procedure. Sections 284 and 434 of Title 18, referred to in text, were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, and were supplanted by sections 207 and 208 of Title 18, Crimes and Criminal Procedure. Section 99 of Title 5, referred to in text, was repealed by Pub. L. 87-849, § 3, Oct. 23, 1962, 76 Stat. 1126. For similar provisions see section 207 of Title 18, Crimes and Criminal Procedure. § 1025. Powers of President; acceptance or rejection of Commission's recommendations; selection of special committee. The President is authorized to (a) accept or reject, on behalf of the United States, recommendations made by the Commission in accordance with the provisions of article III, section 1, of the Convention, and recommendations made by the Commission in pursuance of the provisions of the Protocol to the Convention; and (b) act for the United States in the selection of persons by the contracting parties to compose the special committee provided by the Protocol to the Convention. (Aug. 12, 1954, ch. 669, § 6, 68 Stat. 699.) Ex. ORD. NO. 11467. DELEGATION OF AUTHORITY TO Ex. Ord. No. 11467, May 1, 1969, 34 F.R. 7271, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code [section 301 of title 3, The President] and as President of the United States, it is ordered as follows: SECTION 1. The Secretary of State is hereby designated and empowered to perform the following-described functions without the approval, ratification, or other action of the President: (1) The authority vested in the President by section 6(a) of the North Pacific Fisheries Act of 1954 (68 Stat. 699; 16 U.S.C. 1025(a)) [subsec. (a) of this section] to accept or reject, on behalf of the United States, recommendations made by the International North Pacific Fisheries Commission in accordance with the provisions of Article III, section 1, of the International Convention for the High Seas Fisheries of the North Pacific Ocean (signed at Tokyo May 9, 1952, TIAS 2786) and recommendations made by the Commission in pursuance of the provisions of the Protocol to that Convention. (2) The authority vested in the President by Article III, paragraph 2, of the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea (signed at Ottawa, March 2, 1953, TIAS 2900) to approve or reject actions of the International Pacific Halibut Commission taken pursuant to that paragraph. SEC. 2. In carrying out his authority under section 1 of this order the Secretary of State shall consult with the Secretary of the Interior. RICHARD NIXON. § 1026. Cooperation with other agencies. Any agency of the Federal Government is authorized, upon request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish, on a reimbursable basis, facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the Convention. Such agency may accept reimbursement from the Commission. (Aug. 12, 1954, ch. 669, § 7, 68 Stat. 699.) § 1027. Enforcement; boarding and inspecting vessels; detention of persons and vessels; enforcement officers as witnesses. (a) The provisions of the Convention and this chapter relating to abstention from fishing in certain areas by the nationals and vessels of one or more of the contracting parties shall be enforced by the Coast Guard in cooperation with the Fish and Wildlife Service and the Bureau of Customs. (b) For such purposes any Coast Guard officer, any officer of the Fish and Wildlife Service, or any other person authorized to enforce the provisions of the Convention and this chapter referred to in subsection (a) of this section may go on board any fishing vessel of Canada or Japan found in waters in which Canada or Japan has agreed by or under the Convention to abstain from exploitation of one or more stocks of fish, and, when he has reasonable cause to believe that such vessel is engaging in operations in violation of the provisions of the Convention, may, without warrant or other process, inspect the equipment, books, documents, and other articles on such vessel and question the persons on board, and for these purposes may hail and stop such vessel, and use all necessary force to compel compliance. (c) Whenever any such officer has reasonable cause to believe that any person on any fishing vessel of Canada or Japan is violating, or immediately prior to the boarding of such vessel was violating, the provisions of the Convention referred to in subsection (a) of this section, such person, and any such vessel employed in such violation shall be detained and shall be delivered as promptly as practicable to an authorized official of the nation to which they belong in accordance with the provisions of the Convention. (d) Any officer of the Coast Guard, any officer of the Fish and Wildlife Service, or any other person authorized to enforce the provisions of the Convention and this chapter referred to in subsection (a) of this section, niay be directed to attend as witnesses and to produce such available records and files or duly certified copies thereof as may be necessary to the prosecution in Canada or Japan of any violation of the provisions of the Convention or any Canadian or Japanese law for the enforcement thereof when requested by the appropriate authorities of Canada or Japan respectively. (Aug. 12, 1954, ch. 669, § 8, 68 Stat. 699.) § 1028. Designation of enforcement officers. The Secretary of the Interior may designate officers of the States and Territories of the United States to enforce the provisions of the Convention and this chapter insofar as they pertain to fishing vessels of the United States and the persons on board such vessels. (Aug. 12, 1954, ch. 669, § 9, 68 Stat. 699.) § 1029. Unlawful activities. (a) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States to engage in the catching of any stock of fish from which the United States may agree to abstain in the waters specified for such abstention as set forth in the Annex to the Convention, or to load, process, possess, or transport any such fish or fish products processed therefrom in the said waters, or to land in a port of the United States any fish so caught, loaded, possessed, or transported or any fish products processed therefrom. (b) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States knowingly to load, process, possess, or transport any fish specified in subsection (a) of this section or any fish products processed therefrom in the territorial waters of the United States or in any waters of the Convention area in addition to those specified in subsection (a) of this section, or to land in a port of the United States any such fish or fish products. (c) It shall be unlawful for any person or fishing vessel subject to the jurisdiction of the United States knowingly to load, process, possess, or transport in the Convention area or in the territorial waters of the United States any fish taken by a national of Canada or Japan from a stock of fish from which Canada or Japan respectively has agreed to abstain as set forth in the Annex to the Convention or any fish products processed therefrom, or to land such fish or fish products in a port of the United States. (d) It shall be unlawful for any person subject to the jurisdiction of the United States to aid or abet in the taking of fish by a national or fishing vessel of Canada or of Japan from a stock of fish from which Canada or Japan has respectively agreed to abstain as set forth in the Annex of the Convention. (e) It shall be unlawful for the master or owner or any person in charge of any fishing vessel of the United States to refuse to permit the duly authorized officials of the United States, Canada, or Japan to board such vessel or inspect its equipment, books, documents, or other articles or question the persons on board in accordance with the provision of the Convention, or to obstruct such officials in the execution of such duties. (Aug. 12, 1954, ch. 669, § 10, 68 Stat. 699.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1030 of this title. |