Chapter 345. For the protection of the northern Pacific halibut fishery
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CHAP. 345.— An Act For the protection of the northern Pacific halibut fishery. June 7, 1924.[[S. 3434](/us/bill/68/s/3434).][[Public, No. 267](/us/68/pl/267).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Northern Pacific Halibut Act. Section 1. Title of Act. Short title.— This Act may be cited as the Northern Pacific Halibut Act. Sec. 2. Terms defined. Definition of terms.— For the purposes of this Act “close season” shall mean the period from the 16th day of649November in any year to the 15th day of February in the next following year, noth days inclusive, or any other close season hereafter fixed by agreement between the United States and Canada;
“territorial waters of the United States” shall mean the waters contiguous to the western coast of the United States and the waters contiguous to the coast of Alaska; “territorial waters of Canada” shall mean the waters contiguous to the western coast of Canada, and “prohibited waters” shall mean the territorial waters of the United States, the territorial waters of Canada, and the high seas, including Bering Sea, extending westerly from the limits of the territorial waters of the United States and of Canada.
Sec. 3. Fishing unlawful, when.— It shall be unlawful forFishing, etc., for, during closed season, unlawful.In prohibited waters. any person to fish for, or catch, or attempt to catch, any halibut (hippoglossus) at any time during the close season in the Territorial waters of the United States, or for any national or inhabitant of the United States to fish for, or catch, or attempt to catch, any halibut at any time during the close season in prohibited waters. The unintentional catching of halibut, when legally fishing for otherUnintentional catching, not a violation, if used for food. species of fish, shall not constitute a violation of this Act if such halibut shall be used for food by the crew of the vessel catching the same, or be landed and immediately delivered to any authorizedOr delivered to fishery official. official of the Bureau of Fisheries of the Department of Commerce of the United States or the fishing authorities of the Dominion of Canada.
The halibut delivered to any official of the United StatesSale by official in United States. pursuant to the provisions of this section shall be sold by the Department of Commerce to the highest bidder for cash and the proceeds therefrom, exclusive of necessary expenses in connection therewith, shall be covered into the Treasury of the United States. Sec. 4. Unlawful port use; departures.— No person, firm, orUse of port to outfit, etc., vessel to be used in violation, unlawful. corporation shall use any port of or place in the United States to furnish, prepare, or outfit any vessel, boat, or other craft intended to be used in violation of this Act, nor shall any person permit, or cause to be permitted, any vessel, boat, or other craft intended to be used in violation of this Act to depart from any port of or place in the United States.
Sec. 5. Unlawful port entry; possession.— It shall beEntry of vessel with catch contrary to Act, unlawful. unlawful for any vessel, boat, or other craft having on board any halibut caught contrary to the provisions of this Act to enter any port or place in the United States, or for any vessel, boat, or other craft to enter any such port or place while upon or in the prosecution of any voyage during which the vessel, boat, or other craft fished or was used in fishing for halibut in prohibited waters in the close season.
It shall be unlawful for any person knowingly toPossessing halibut so caught, unlawful. have in his possession any halibut unlawfully caught under the provisions of this Act. Sec. 6. Penalty.— Any person violating any of the provisions ofPunishment for violations. this Act shall be fined not less than $100 nor more than $1,000 or imprisoned not more than one year, or both. Sec. 7. Patrols; searches.— The President shall cause a patrolPatrol of vessels for enforcement. of naval or other public vessels designated by him to be maintained in such places and waters as to him shall seem expedient for enforcing this Act, and any officer of any vessel engaged in such service, and any other officers designated by the President, may search any vessel,Searches of vessels. boat, or other craft in the territorial waters of the United States and any vessel, boat, or other craft of the United States on the high seas when suspected of having violated or being about to violate the provisions of this Act.
Sec. 8. Canadian vessels and nationals.— Every national orCanadian vessels and nationals.Delivery to Canadian authorities, if found violating this Act. inhabitant and every vessel of Canada found violating this Act shall be delivered as soon as practicable to an authorized official of650Canada at the nearest point to the place of seizure or elsewhere as the officials of the United States seizing the same and the authorized officials of Canada may agree upon, and the witnesses and proof necessary to the prosecution of said persons and vessels of Canada shall be furnished with reasonable promptitude to the authorities of Canada having jurisdiction thereof.
Sec. 9. Seizure, forfeiture, etc., of vessels employed in violations. Seizure and forfeiture.— Every vessel, boat, or craft employed in any manner in violating this Act shall be seized by any collector, surveyor, inspector, officer of a revenue cutter, or person specified in section 7 hereof, and except as provided in section 8 hereof, every such vessel, boat, or craft, including its tackle, apparel, furniture, cargo, and stores, shall be forfeited to the United States by proper proceedings in any court of the United States in Alaska, California, Oregon, or Washington.
Sec. 10. Fisheries Commission exempt when in scientific investigations. Fisheries commission exemption.— None of the inhibitions contained in this Act shall apply to the International Fisheries Commission when engaged in any scientific investigation. Sec. 11. International Fisheries Commission.Authorized amount for expenses. Appropriation.— There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $15,000 for the fiscal year 1925 for the salaries and expenses of the International Fisheries Commission.
Sec. 12. Duration.*Post*, pp. 1024,1841. Duration of Act.— This Act shall take effect immediately and continue in force until the termination of the convention concluded by the United States and Great Britain on March 2, 1924, for the protection of the halibut fishery of the northern Pacific Ocean. Approved, June 7, 1924.