Page:United States Statutes at Large Volume 50 Part 1.djvu/352

 75TH CONGRESS, 1ST SESSION-CH. 392 -JUN E 28, 1 937 license or permit unless such vessel shall have on board a license or permit which shall comply with all applicable requirements of the Convention, and which shall be available for inspection at any time by any officer autho rized to enforce the Conventi on or by any repre- sentative of the Commission ; (i) any person to take, retain, land, or possess any halibut caught incidentally to fishing for other species of fish, in violation of any provision of the Convention or of this Act. SEC. 4. It shall be unlawful for the master or owner or person in charge of any vessel or any other person required by the Convention to make, keep, or furnish any record or report, to fail to do so, or to refuse to permit any officer authorized to enforc e the Convention or any representative of the Commission to examine and inspect any such record or report at any time. SEC. 5 . (a) The provisions of the Convention and of this Act and any regulations issu ed under this Act shall be en forced by the Coast Guard, the Customs Service, and the Bureau of Fisheries. For such purposes any officer of the Coast Guard, Customs, or Fisheries may at any time go on board of any vessel in territorial waters of the United States, or any vessel of the United States or Canada in Con- vention waters, except in the territorial waters of Canada, to address inquiries to those on board and to examine, inspect, and search the vessel and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel, and use all necessary force to compel compliance. (b) Whenever it appears to any such officer that any person, other than a national or inhab itant of Canada, on any vesse l of the United States is violating or has violated any provision of the Convention or of this Act, he shall arrest such person and seize any such vessel employed in such violation. If any such person on any such vessel of the Unit ed States is a national or inhabitant o f Canada, suc h pers on s hall be deta ined and sha ll be d eliv ered as soon as prac tica ble to an autho rized officer of Canada at the Canadian port or plac e nearest to the place of detention or at such other port or place as such officers of the United States and of Canada may agree upon. (c) Whenever it appears to any such officer of the United States that any person, other than a national or inhabitant of the United States, on any vessel of Canada in Convention waters, except in the territorial waters of Canada, is violating or has violated any pro- vision of the Convention, such person, and any such vessel employed in such violation, shall be detained and such person and such vessel shall be delivered as soon as practicable to an authorized officer of Canada at the Canadian port or lace nearest to the place of deten- tion, or at such other port or place as such officers of the United States and of Canada may agree upon. If any such person on any such vessel of Canada is a national or inhabitant of the United States, such person shall be arrested as provided for in subsection (b) of this section. (d) Officers or employees of the Coast Guard, Customs, and Fish- er ies may be di rected to att end as witnes ses and to p roduce such available records and files or certified copies thereof as may be pro- duced compatibly with the public interest and as may be considered essential to the prosecution in Canada of any violation of the pro- visions of the Convention or any Canadian law for the enforcement thereof when requested by the appropriate Canadian authorities in the manner prescr ibed in arti cle V of the Convention to suppress smuggling concluded between the United States and Canada on June 6, 1924 (44 Stat . (pt. 3), 2097) . 327 License or permit. Unlawful posses- sion, etc . Records and reports to be maintained. Inspection. Enforcement of pro- visions. Boarding vessel to address inquiries, in- spect, etc. Arre st and seizure. Dete ntion and de - livery. National aboard Canadian vessel. Attendance of Coast Guard, etc ., personnel as witnesses tion of records, etc. 44 Stat.2098.
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