Chapter 801. To amend the Act entitled “An Act to regulate interstate transportation of black bass, and for other purposes,” approved May 20, 1926
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CHAP. 801.— An Act To amend the Act entitled “An Act to regulate interstate transportation of black bass, and for other purposes,” approved May 20, 1926. July 2, 1930.[[S. 941](/us/bill/71/s/941).][[Public, No. 495](/us/pl/71/945).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the ActBlack bass.Vol. 44, p. 576, amended.[U. S. C., Supp. IV, p. 182](/us/usc/p183).*Post*, p. 1565. entitled. “An Act to regulate the interstate transportation of black bass, and for other purposes,” approved May 20, 1926 (U.
S. C., Sup. III, title 16, secs. 851–856), is amended to read as follows: " “That when used in this Act the word ‘ person ’ includes company,“Person”, defined. partnership, corporation, association, and common carrier. “Sec. 2. It shall be unlawful for any person to deliver or knowinglyInterstate, etc., transportation of, unlawful. receive for transportation, or knowingly to transport, by any means whatsoever, from any State, Territory, or the District of Columbia, to or through any other State, Territory, or the District of Columbia, or to or through any foreign country, any large-mouth black bass (Micropterus salmoides) or any small-mouth black bass (Micropterus dolomieu), if
(1)such transportation is contrary toIf contrary to laws of State, etc., of origin. the law of the State, Territory, or the District of Columbia fromIf illegally caught, etc. which such black bass is or is to be transported, or
(2)such black bass has been either caught, killed, taken, sold, purchased, possessed, or transported, at any time, contrary to the law of the State, Territory,846Acceptance prohibited. or the District of Columbia in which it was caught, killed, taken, sold, purchased, or possessed, or from which it was transported; and no person shall knowingly purchase or receive any. such black bassFalse records. which has been transported m violation of the provisions of this Act; nor shall any person receiving any shipment of black bass transported in interstate commerce make any false record or render a false account of the contents of such shipment. “Sec. 3. Marking container for shipping. Any package or container containing such black bass transported or delivered for transportation in interstate commerce, except any shipment covered by section 9, shall be clearly and conspicuously marked on the outside thereof with the name ‘ Black Bass,’ an accurate statement of the number of such fish contained therein, and the names and addresses of the shipper and consignee. “Sec. 4. Shipments subject to local laws upon reaching destination. All such black bass transported into any State, Territory, or the District of Columbia for use, consumption, sale, or storage therein, shall upon arrival in such State, Territory, or the District of Columbia be subject to the operation and effect of the laws of such State, Territory, or the District of Columbia to the same extent and in the same manner as though such fish had been produced in such State, Territory, or the District of Columbia, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. “Sec. 5. Expenditures for personal services, cooperation with local, etc., authorities, etc. The Secretary of Commerce is authorized
(1)to make such expenditures, including expenditures for personal services at the seat of government and elsewhere, and for cooperation with local, State, and Federal authorities, including the issuance of publications, and necessary investigations, as may be necessary to execute the functions imposed upon him by this Act and as may be providedRegulations. for by Congress from time to time; and
(2)to make such regulations as he deems necessary to carry out the purposes of this Act.Force of. Any person violating any such regulation shall be deemed guilty of a violation of this Act. “Sec. 6. Power of enforcing personnel.
(a)Any employee of the Department of Commerce authorized by the Secretary of Commerce to enforce the provisionsTo make arrests for violations. of this Act
(1)shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this Act or any regulation made in pursuance of this Act, and to take such person immediately for examination or trial before an officerTo execute warrants, etc. or court of competent jurisdiction;
(2)shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this Act or regulations madeTo make search. in pursuance thereof; and
(3)shall have authority, with a search warrant issued by an officer or court of competent jurisdiction, to make search in accordance with the terms of such warrant. AnyIssue of warrants. judge of a court established under the laws of the United States or any United States commissioner may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. “(b) Seizure and forfeiture. All fish delivered for transportation or which have been transported, purchased, received, or which are being transported, in violation of this Act or any regulations made pursuant thereto, shall, when found by such employee or by any marshal or deputy marshal, be summarily seized by him and placed in the custody of such persons as the Secretary of Commerce shall by regulations prescribe, and shall, as a part of the penalty and in addition to any fine or imprisonment imposed under section 7 of this Act, be forfeited by such court to the United States upon conviction of the offender under this Act, or upon judgment of the court that the same were transported, delivered, purchased, or received in violation of this Act or regulations made pursuant thereto. 847 “Sec. 7. In addition to any forfeiture herein provided, any personPenalty provisions. who shall violate any of the provisions of this Act shall, upon conviction thereof, be punished by a fine not exceeding $200, or imprisonment for a term of not more than three months, or by both such fine and imprisonment, in the discretion of the court. “Sec. 8. Nothing in this Act shall be construed to preventState laws. the several States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of this Act, or from making or enforcing laws or regulations which shall give further protection to large-mouth and small-mouth black bass. “Sec. 9. Nothing in this Act shall be construed to prevent theFish, etc., for breeding, etc., purposes. shipment in interstate commerce of live fish and eggs for breeding or stocking purposes.” " Approved, July 2, 1930.