Page:United States Statutes at Large Volume 47 Part 2.djvu/267

CONVENTION-HALIBUT FISHERY. MAY 9, 1930. 1873 The In~rnational Fisheries Commission provided for by Article .l::=on!'lab· m is hereby empowered, subject to the approval of the President . of the Uni~ States of America and of the Governor General of the Powers, etc. Dominion of Canada, to suspend or modi~ the closed season pro- vided for by this article, as to part or all of the convention waters, when it finds after investigation such changes are necessary. It is understood that nothing contained in this convention shall 1111=. 1lsbing DOt prohibit the nationals or inhabitants or the fishing vessels or boats of the United States of America or of the Dominion of Canada, from fishing in the waters hereinbefore specified for other species of fish during the season when fishing for halibut in such waters is prohibited by this Convention or by any regulations adopted in pursuance of its provisions. Any halibut that may be taken incidentally when fisbing in!l=)'~bu~ for other fish during the season when fishing for halibut is prohibited under the provisions of this Convention or by any regulations adopted in pursuance of its provisions may be retained and used for food for the crew of the vessel by: which they are taken. Any portion thereof not so used shall be landed and immediately turned over to the duly authorized officers of the Department of Commerce of the United States of America or of the Department of Marine and Fisheries of the Dominion of Canada. Any fish turned over to such officers in Sale, etc. pursuance of the provisions of this article shall be sold by them to the highest bidder and the proceeds of such sale, exclusive of the necessary expenses in connection therewith! shall be paid by them into the treasuries of their respective countnes. . It is further understood that nothin~ contained in this convention Exemption. shall prohibit the International Fishenes Commission from conduct- ing fishing operations for investigation purposes during the closed season. ARTICLE II Every national or inhabitant, vessel or boat of the United States of America or of the Dominion of Canada engaged in halibut fishing in violation of the preceding article may be seized except within the jurisdiction of the other party 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 {>8rson, vessel or boat belongs, at the nearest point to the place of seIzure, or elsewhere, as 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 pur ~uance of its provisions, and to impose penalties for such violations; IL:ld the witnesses and proofs necessary for such prosecutions, so far as .;uch 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. ARTICLE III Seizure for violations. Prosecution. The High Contracting Parties agree to continue under this Con- eri~te=~onFe:: vention the Commission as at present constituted and known as the tinued. International Fisheries Comm1ssion, established by the Convention between the United States of America and His Britannic Maj~ for the preservation of the halibut fishery of the Northern Pacific Ocean including Bering Sea.z concluded March 2, 1923, consisting of VoL 43, p. 18f2. four members, two appointea. by each Party, which Commission shall