Page:United States Statutes at Large Volume 49 Part 1.djvu/1293

 1248 74TH C ONGRESS. SESS. II. CH. 251. MAY 1, 1936. commanding officer of such whaling vessel a forfeiture of $2,500, which forfeiture shall be reported and paid for thwith to the United States District Court of the district in which is situated any port to which such whaling vessel might be conveyed for action under Pro vis o. the terms of this Act : Provided, That within six months after pay- Recovery. ment of forfeiture the person or persons making such payment may institut e proceedi ngs in sai d district court to recover sa id forfeit ure, less costs, on satisfactory proof said vessel did not violate any pro- Forfe iture o f vesse l, vision of this Act or any regulation made pursuant thereto. In the etc' event of the seizure and conveyance to port, such vessel including its apparel may be forfeited to the Un ited States by proper proceedings in the United States District Court of the said district. Authority to arrest SEC. 10. That any employee of the Treasury Department, author- offenders. ized by the Secretary of the Treasury to enforce the provisions of this Act, shall have power without warrant to arrest any person com- mitting a violation of this Act or any regulation made pursuant thereto in his presence and to take such person for examination or trial before an officer or court of competent jurisdiction, shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of this Act or any regulation made pursuant thereto, and shall have Illegally captured authority, with a search warrant, to search any place. All wha les whales; disposition . or parts or products thereof captured, shipped, transported, carried, imported, or possessed contrary to the provisions of this Act, or of any regulations made pursuant ther eto, shall, when found, be seized by any such employee or by any marshal, deputy marshal, or com- mander of a Coast Guard, customs, or naval vessel, and upon con- viction of the offender, or upon judgment of a court of the United States that the same were captured, shipped, transported, carried, imported, or possessed contrary to the provisions of this Act, or of any regulations made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. Penalty for viola- SEC. 11 . That any person, association, partnership, or corporation tion. who shall violate any of the provisions of said Convention, or of this Act, or who shall violate or fail to comply with any regulation made pu rsuan t to this Act, shall be d eemed guil ty of a mi sdeme anor, and upon conviction thereof shall be deprived of his license and shall be fined not more than $10,000 or imprisoned not more than six months or both. Sta te, etc., laws or SEC. 12 . That nothing in this Act shall be construed to prevent regulations. the several States a nd Territories from making or enforcing laws or regulations not inco nsistent with the provisions of said Convention or of this Act, or from making or enforcing laws or regulations which shall give further protection to whales or their young, or which shall regulate the possession, transportation, or sale of whale prod- ucts of any kind. Prov isions inappl ica- SEC. 13. Nothi ng in this Act or in the regulations thereof shall ble to natives, etc. apply to natives or Eskimos engaged in whaling who use only canoes or o ther nativ e craft pr opelled by oars or s ails, do n ot carry f irearms, are not employed by others than natives or Eskimos, and are not under contract to deliver products of their whaling to any third person. Sepa rabili ty clau se. SEC. 14. That if any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged to be invalid by any court of co mpete nt ju risdi ction, suc h jud gment shal l not affe ct, i mpair , or in validate t he remaind er thereof , but shal l be confi ned in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.