16 U.S.C. § 785 — Enforcement of law prohibiting taking of

Page 1361 TITLE 16—CONSERVATION § 785 thorized the Secretary of the Interior to promote stud- ies, conduct research and experiments, and construct and lease experiment and demonstration plants. The authority of the Secretary under these sections expired at the expiration of five years from Nov. 2, 1966 by the express terms of section 778h of this title. Section 778f was amended by Pub. L. 90–549, Oct. 4, 1968, 82 Stat. 936. CHAPTER 10D—STATE COMMERCIAL FISH- ERIES RESEARCH AND DEVELOPMENT PROJECTS §§ 779 to 779f. Repealed. Pub. L. 99–659, title III, § 309, Nov. 14, 1986, 100 Stat. 3736 Section 779, Pub. L. 88–309, § 2, May 20, 1964, 78 Stat. 197; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 94–273, § 4(3), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94–485, § 1(1), Oct. 12, 1976, 90 Stat. 2326, de- fined terms used in this chapter. Section 779a, Pub. L. 88–309, § 3, May 20, 1964, 78 Stat. 197; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to cooperation with States on projects for the research and development of commer- cial fisheries resources, joint projects between States, consent to interstate compacts, and reservation of right to alter, amend or repeal consent. Section 779b, Pub. L. 88–309, § 4, May 20, 1964, 78 Stat. 197; Pub. L. 90–551, §§ 1–3, Oct. 4, 1968, 82 Stat. 957; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 92–590, §§ 1–3, Oct. 27, 1972, 86 Stat. 1303; Pub. L. 95–53, June 22, 1977, 91 Stat. 249; Pub. L. 96–262, § 1, June 5, 1980, 94 Stat. 437; Pub. L. 97–389, title I, § 101, Dec. 29, 1982, 96 Stat. 1949, authorized appropriations to carry out this chapter. Section 779c, Pub. L. 88–309, § 5, May 20, 1964, 78 Stat. 198; Pub. L. 94–273, § 3(3), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94–485, § 1(2), (3), Oct. 12, 1976, 90 Stat. 2326, provided for apportionment among States of funds appropriated under former section 779b of this title. Section 779d, Pub. L. 88–309, § 6, May 20, 1964, 78 Stat. 198; Pub. L. 94–485, § 1(4), Oct. 12, 1976, 90 Stat. 2326, pro- vided for approval of projects for funding, and payment of benefits, under this chapter. Section 779e, Pub. L. 88–309, § 7, May 20, 1964, 78 Stat. 199, related to working conditions on projects funded, and to disposal of property acquired, under this chap- ter. Section 779f, Pub. L. 88–309, § 8, May 20, 1964, 78 Stat. 199, authorized promulgation of rules and regulations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1987, see section 310 of Pub. L. 99–659, set out as an Effective Date note under section 4101 of this title. CHAPTER 11—REGULATION OF LANDING, CURING, AND SALE OF SPONGES TAKEN FROM GULF OF MEXICO AND STRAITS OF FLORIDA Sec. 781. Taking or catching, in waters of Gulf or Straits of Florida, commercial sponges of less than prescribed size, and landing or possession of same. 782. Sponges of less than prescribed size; posses- sion prima facie evidence. 783. Punishment for violations of law; liability of vessels. 784. Jurisdiction of prosecutions. 785. Enforcement of law prohibiting taking of sponges of specified sizes; employment of Coast Guard vessels and Customs Service employees. § 781. Taking or catching, in waters of Gulf or Straits of Florida, commercial sponges of less than prescribed size, and landing or posses- sion of same It is unlawful for any citizen of the United States, or person owing duty of obedience to the laws of the United States, or any boat or vessel of the United States, or person belonging to or on any such boat or vessel, to take or catch, by any means or method, in the waters of the Gulf of Mexico or the Straits of Florida outside of State territorial limits, any commercial sponges measuring when wet less than five inches in their maximum diameter, or for any person or vessel to land, deliver, cure, offer for sale, or have in possession at any port or place in the United States, or on any boat or vessel of the United States, any such commercial sponges. (Aug. 15, 1914, ch. 253, § 1, 38 Stat. 692.) § 782. Sponges of less than prescribed size; pos- session prima facie evidence The presence of sponges of a diameter of less than five inches on any vessel or boat of the United States engaged in sponging in the waters of the Gulf of Mexico or the Straits of Florida outside of State territorial limits, or the posses- sion of any sponges of less than the said diame- ter sold or delivered by such vessels, shall be prima facie evidence of a violation of the provi- sions of this chapter. (Aug. 15, 1914, ch. 253, § 2, 38 Stat. 692.) § 783. Punishment for violations of law; liability of vessels Every person, partnership, or association guilty of a violation of the provisions of this chapter shall be liable to a fine of not more than $500, and in addition such fine shall be a lien against the vessel or boat on which the offense is committed, and said vessel or boat shall be seized and proceeded against by process of libel in any court having jurisdiction of the offense. (Aug. 15, 1914, ch. 253, § 3, 38 Stat. 692.) § 784. Jurisdiction of prosecutions Any violation of the provisions of this chapter shall be prosecuted in the district court of the United States of the district wherein the of- fender is found or into which he is first brought. (Aug. 15, 1914, ch. 253, § 4, 38 Stat. 692.) § 785. Enforcement of law prohibiting taking of sponges of specified sizes; employment of Coast Guard vessels and Customs Service employees The Secretary of Commerce shall enforce the provisions of this chapter, and he is authorized to empower such officers and employees of the Department of Commerce as he may designate, or such officers and employees of other depart- ments as may be detailed for the purpose, to make arrests and seize vessels and sponges, and upon his request the Secretary of the Treasury may employ the vessels of the Coast Guard or the employees of the Customs Service to that end. Page 1362 TITLE 16—CONSERVATION § 785 (Aug. 15, 1914, ch. 253, § 5, 38 Stat. 692; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 495, 561; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. ‘‘Coast Guard’’ substituted in text for ‘‘Revenue Cut- ter Service’’ on authority of act Jan. 28, 1915, which combined Revenue Cutter Service and Life-Saving Service to form Coast Guard. That act was repealed by section 20 of act Aug. 4, 1949, section 1 of which reestab- lished Coast Guard by enacting Title 14, Coast Guard. Coast Guard transferred to Department of Transpor- tation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by section 6(b)(1) of Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 938. See section 108 of Title 49, Transportation. Executive Documents TRANSFER OF FUNCTIONS ‘‘Secretary of Commerce’’ and ‘‘Department of Com- merce’’ substituted in text for ‘‘Secretary of the Inte- rior’’ and ‘‘Department of the Interior’’ in view of: cre- ation of National Oceanic and Atmospheric Adminis- tration in Department of Commerce and Office of Ad- ministrator of such Administration; abolition of Bu- reau of Commercial Fisheries in Department of the In- terior and Office of Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of the Interior or Department of the Interior which were administered through Bureau of Commercial Fisheries or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish program of Bureau of Sport Fish- eries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5. Functions of all officers of Department of the Treas- ury, and functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5. Customs Service, referred to in this section, was a service under Department of the Treasury, and Coast Guard, also referred to in this sec- tion, was generally a service under such Department, but such Plan excepted, from transfer, functions of Coast Guard, and of Commandant thereof, when Coast Guard was operating as a part of the Navy under former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard. Reorg. Plan No. III of 1940, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government Organization and Employees, consolidated Bureau of Fisheries and Bureau of Biological Survey with their respective functions into one agency in De- partment of the Interior to be known as Fish and Wild- life Service, and provided that functions of the consoli- dated agency shall be administered under direction and supervision of Secretary of the Interior. Reorg. Plan No. II of 1930, set out in the Appendix to Title 5, transferred Bureau of Fisheries in Department of Commerce and its functions to Department of the In- terior, to be administered under direction and super- vision of Secretary of the Interior. CHAPTER 12—FEDERAL REGULATION AND DEVELOPMENT OF POWER SUBCHAPTER I—REGULATION OF THE DEVELOP- MENT OF WATER POWER AND RESOURCES Sec. 791. Repealed. 791a. Short title. 792. Federal Power Commission; creation; num- ber; appointment; term; qualifications; va- cancies; quorum; chairman; salary; place of holding sessions. 793. Appointment of officers and employees of Commission; duties, and salaries; detail of officers and employees from other depart- ments; expenditures authorized. 793a to 795. Repealed or Omitted. 796. Definitions. 797. General powers of Commission. 797a. Congressional authorization for permits, li- censes, leases, or authorizations for dams, conduits, reservoirs, etc., within national parks or monuments. 797b. Duty to keep Congress fully and currently in- formed. 797c. Dams in National Park System units. 797d. Third party contracting by FERC. 798. Purpose and scope of preliminary permits; transfer and cancellation. 799. License; duration, conditions, revocation, al- teration, or surrender. 800. Issuance of preliminary permits or licenses. 801. Transfer of license; obligations of transferee. 802. Information to accompany application for li- cense; landowner notification. 803. Conditions of license generally. 804. Project works affecting navigable waters; re- quirements insertable in license. 805. Participation by Government in costs of locks, etc. 806. Time limit for construction of project works; extension of time; termination or revoca- tion of licenses for delay. 807. Right of Government to take over project works. 808. New licenses and renewals. 809. Temporary use by Government of project works for national safety; compensation for use.