Open main menu

Page:United States Statutes at Large Volume 61 Part 1.djvu/537

This page needs to be proofread.


61 STAT.] 80TH CONG. , IST SESS.-CH. 345--JULY 29, 1947 513 the property a bond or stipulation with sufficient sureties or approved corporate surety in such sum as the court shall order, conditioned to deliver the property seized, if condemned, without impairment in value (or, in the case of sockeye salmon, to pay its equivalent in money) or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in the event of any breach of the conditions thereof as determined by the court. SEC. 6 . (a) The President of the United States shall designate a Designation of en- Federal agency which shall be responsible for the enforcement of the nt agncy provisions of the convention and this Act and the regulations of the Commission, except to the extent otherwise provided for in the con- vention and this Act. It shall be the duty of the Federal agency so designated to take appropriate measures for enforcement at such times and to such extent as it may deem necessary to insure effective enforce- ment and for this purpose to cooperate with other Federal agencies, State officers, the Commission, and with the authorized officers of the Dominion of Canada. (b) The Federal agency designated by the President for enforce- Enforcement off- ment purposes may authorize officers and employees of the State of cers Washington to enforce the provisions of the convention and of this Act and the regulations of the Commission. When so authorized such officers may function as Federal law-enforcement officers for the pur- poses of this Act. (c) Enforcement of the convention and this Act and the regulations of the Commission shall be subject to and in accordance with the provi- sions of article IX of the convention. 50 Stat. 1359. (d) Any duly authorized officer or employee of the Federal agency Power to arrest designated by the President for enforcement purposes under the pro- wi th out wrr nt et. visions of subsection (a) of this section 6; any officer or employee of the State of Washington who is authorized by the Federal agency so designated by the President; any enforcement officer of the Fish and Wildlife Service of the Department of the Interior, any Coast Guard officer, any United States marshal or deputy United States marshal, any collector or deputy collector of customs, and any other person authorized to enforce the provisions of the convention, this Act, and the regulations of the Commission, shall have power, without warrant or other process, but subject to the provisions of the convention, to arrest any person committing in his presence or view a violation of the convention or of this Act or of the regulations of the Commission and to take such person immediately for examination before an officer or trial before a court of competent jurisdiction; and shall have power, without warrant or other process, to search any vessel within conven- tion waters when he has reasonable cause to believe that such vessel is subject to seizure under the provisions of the convention or this Act, or the regulations of the Commission, and to search any place of busi- ness or any commercial vehicle when he has reasonable cause to believe that such place or vehicle contains fish taken, possessed, transported, purchased, or sold in violation of any of the provisions of the conven- tion, this Act, or the regulations of the Commission. Any person Power to ex ec ute authorized to enforce the provisions of the convention and of this Act art et. and the regulations of the Commission shall have power to execute any warrant or process issued by an officer or court of competent jurisdic- tion for the enforcement of this Act, and shall have power with a search warrant to search any person, vessel, or place, at any time. The judges ra-ance of wr of the United States courts and the United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. Subject to se-ar 95347---48 -pt. 1-33