Page:United States Statutes at Large Volume 106 Part 5.djvu/675

 PUBLIC LAW 102-567—OCT. 29, 1992 106 STAT. 4313 (D) seize any fish (wherever found) taken or retained in violation of any provision referred to in subparagraph (C); (E) seize any other evidence related to any violation of any provision referred to in subparagraph (C); (2) execute any warrant or other process issued by any court of competent jurisdiction; and (3) exercise any other lawful authority. (d) ADDITIONAL POWERS. — (1) An authorized officer may in the Convention area— (A) board a vessel of any Party that reasonably can be believed to be engaged in directed fishing for, incidental taking of, or processing of anadromous fish, and, without warrant or process, inspect equipment, logs, documents, catch, and other articles, and question persons, on board the vessel, for the purpose of carrying out the provisions of the Convention, this title, or any regulation issued under this title; and (B) If any such vessel or person on board is actually engaged in operations in violation of any such provision, or there is reasonable ground to believe any person or vessel was obviously so engaged before the boarding of such vessel by the authorized officer, arrest or seize such person or vessel and further investigate the circumstance if necessary. If an authorized officer, after boarding and investigation, has reasonable cause to believe that any such fishing vessel or person engaged in operations in violation of any provision referred to in subparagraph (A), the officer shall deliver the vessel or person as promptly as practicable to the enforcement officers of the appropriate Party, in accordance with the provisions of the Convention. (2) When requested by the appropriate authorities of a Party, an authorized officer may be directed to attend as a witness, and to produce such available records and files or duly certified copies thereof as may be necessary, for the prosecution by that Party of any violation of the provisions of the Convention or any law of that Party relating to the enforcement thereof. SEC. 810. UNLAWFUL ACTIVmES. 16 USC 5009. It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States— (1) to fish for any anadromous fish in the Convention area; (2) to retain on board any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area; (3) to fail to return immediately to the sea any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area; (4) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any anadromous fish taken or retained in violation of the Convention, this title, or any regulation issued under this title; (5) to refuse to permit any enforcement officer to board a fishing vessel subject to such person's control for piirposes of conducting any search or inspection in connection with the enforcement of the Convention, this title, or any regulation issued under this title;

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