Page:United States Statutes at Large Volume 44 Part 1.djvu/452

 § 725 rzmu 16.--0 Statcs receives title, shall be subject to regulations prescribed under authority `of this chapter. (June 7, 1924, vc. 846, § 4( 43 sm. 650.) \, y ' `725. Same; joint regulations, and eo forth, by Secretaries oi Agriculture and Commei·ce.—jExcept where it is specihcally Q provided otherwise, the Secretary of Agriculture and the Secretary of Commerce shall jointly prescriber such regulations. cxerise such functions, und, perform such duties as may-be necessary to curry out the purposes of this chapter. (June 19*24, c. 3-16, § 5, 43 Stat. 651.) ( ‘ No person shall, except in accordancelwith.regulations pre- ' scribed by the Secretary of Agriculture in respect of wild» birds, game anin1als,_fur-lvearing animals, wild Bowers, and-aquatic plants, or by the Secretary of Commerce in respect of fish and other aquatic—nuimal life—· - ` (a) Enter the refuge for any purpose; or I _. ` (ln Disturb; injure, kill, or remove, or attempt to disturb, injure, kill, or remove any wild bird, game animal, fur-bearing animal, Heh or other aquatic—animal life on the refuge; or (1-) Remove from the refuge, or injure or destroy thereon any Bower, plant, tree, or other na_tura`l growth, or the nest or egg of any wild `bird; or . · " { _" (d) Injure or destroy any notice, sign board, fence, building,, or other property of the United States thereon; Commercial iishiug may, however, be conducted in the waters of thisrefuge under regulation by the Secretary of Commerce. (June 7, A 1924, c. 346, §§ 6, 7,°43 Stat. 651.) _ · _ 727. Same; powers of employeesof Departments of Agriculture and Commerce; searches and seizures.-——(a) Any employee of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions of this chapter, and any employee of the Department of Commerce so authorized by the Secretary of Commerce (1)* shall have power, yvlthout warrant, to arrest any person committing in the presence of such! employee a violation of this chapter or of any regulation made pursuant to_this chapter, and·to" take such person immediately for examination or trial before an officer or court of competent jurisdiction, (2) shall have power to execute any warrant or other proceés issued by an omcer or. court of competent jurisdiction to enforce the provisions of this chapter or regulations made pursuant thereto, and (3) shall have authority, with a search warrant issued by‘¤n omcer or court of competent jurisdiction to make a search in accordance with the termsof such warrant. Any judge of ncourt established under the laws of the United States, or any United States commissioner may, within his respective jurisdiction`, upon proper oath or anirmation "showlng probable cause, issue warrants in all such cases.  · Y   { l (b) All blrtls, animals, fish, orparte thereof captured, in-( jured, or killed, andall Bowers, plants, trees, and other natural growths, and neats and eggs ot birds removed, undyall implements or paraphernalia, including guns, ilshlng equipment, and boats ueetl or attempted to be used contrary to the provisions of this chapter or any regulations made pursuantthereto, shall, when found by such employee or by any marshal or deputy marshal, be summarily seized by him and placed ln the ¢·ust‘o¢ly of such persons as the Secretary of Agriculture and the _ Secretary of Commerce muy jointly by regulation prescribe.  (c) A report of the seizure shall be made to the United Stuteu attorney for the judicial district in which the seizure is made, for forfeiture either (1) upon conviction ot the offender under scctiou'730 of this title, or (2) by proceedings by libel in rem. Such libel proceedings shall conform as gmt as may be to civil suits in admlrnlty, except that elthq `lpsrty my demand trial, by jury upon any issue of tact when the valuejtn con"- troversy exceetls  In case of it jury trial the verdict of the jury shall have the name edect as the Ending oi the court
 * 726. Sante; acts prohibited in refuge; commercial iishing.—-l

ONSERVATION 433. l upon the tact. Libel proceedings sham be at the suit and ia, the name of the United States. It each forfeiture proceeding}; are not instituted within A reasonable time, the United States ? attorney Shall give notice thereof, and the cuetodian shall · thereupon release the articles seized. (June 7, 1024, c. 346, § S, · . 43 Stat. 651.) ` .. _ .728. Same; expenditures.——The Secretary of Agriculture arm — the Secretary- of Gouimerce are authorized to make auch cx- , penditures for construction, equipment, maintenance, repaira, and improvements, includiughexpenditures for personal service;. , atfthe seat o1‘government‘ and elsewhere, aa may be necessary _ to execute the functions lmposeel, upon them by this chapter and as may be provided for by Congress from time to time. , (Ju-ne 7, 1924, c. 346, S 9, 43 Stat, 652.) - . 729. Upper Mississippi River Wild Life and Fish Refuge; price per acre.-—For`, the acquisition of any areas authorized by - section 722 ot this titlejthe Secretary of Agrleultm·e·aball not · pay tommy land or land and watera price which when adtlmz to the price of land or land arid wamr theretofore purchased, » shall exceed an average cost ot $5 per acre. .(June 7, 1924, <·. . 346. § 10, 43 Stat. 652; Mar. 4, 1925; c. 55S, 43 Stat. 1354.) 730. Same; violations of law or regulations; ·mistment2-»- ` Any person who shall violate or tail to comply with any provision. of- or any regulation made. pursuant to this chapter shall be tleemed guiltyof a misdemeanor, and upon conviction there- ‘ of shall be fined not more than $500 or be imprisoned not more tI1a11.six”months, or both. (Jane 7, 1924, c. 346, I 11, 43 Stat. 652.) · ‘ V 1 — ° ` `731. Sam·e;_ effect on other lavfs.-—-Notliing in this chapter shall be construed as exempting any portion of the Mississippi River from the provisions of Federal lawn for the improvement, preservation, and protection of navigable waters, nor as authorizing any interference with the operations ot the War‘_Departinent_in carryin§ out any project now or hereafter adopted for theimprovement of said river. (June 7, 1924, e. 346, § 13, 43 Stat. 652.) Chapter 9.--THE BUREAU OF FISHERI@. Sec. W · _. 7 741. Commissioner of Fisheries: 742. Acting commlsaloner. V 743. Details from Coast Guard. “N 744. Investigations.; tial: propagation: annual statement of expe¤dl· _ tures; investigationspf damages by prednclous tlahea; execu· Y five assistance. - _‘ t 745. Powers of commissioner. 746. Vessels ot Bureau ost Hisherlea. · · · 747. Vessels, of bureau ; commutation of ntionaot emcers and crews. 748.’Expenditnre ot appro rlatloua for propagation of {ood tlahes, 749. Advisory committee: 'gmlgnations; duties; expenses. · __750._8tation oxrulaslanlppl River (or- rescue of nah and propagation ot mussels., 751. Sa`fne; personnel. Section 'Z41. Connmiadoner of Fiaheries.~There_ahall be appointed by'the President, by and with the advice and consent of the Senate, a person ot aclentiac and practical acquaintance , with the ssh ·‘ and nsheries to be a Commissioner or Fisheries, and he Bhéll be removable at the pleasure of the Prmidenh He l shall not hold any other omce or employment nnqer the aul thorlty ot the United Stutw or any State. (R. S. 5 4395; Jan. 20, 1888, c. 1, 25 Stat. 1; Feb. 27, 1925, c..384, 43 Stat. 1(}46·) 742. Acwag eommisslmer.—-·In the case of the abiaence of the `Gommlmloner and Deputy Commissioner of 1Plsl1erles the- Secretary of Commerce may designateaome officerlof said bureau to wform the duties of the cornmlwioner during their absence. (Mar. 4, 1911, c. 285, G 1, 36¥Stat. 1436; Mar. 4, 1913, c. 141; § 1,-87 Stat; 738.) _ =. . 743. Details from Coast Guard;-y-The Secretary of the 'Preaaury·ls authorized to detail from time to time for daty nadcr the 0omm er ot Fwuleq any omeers and men ot tbecoast