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U.S. Code as of:
01/19/04
Section 916g. Enforcement
(a) Enforcement officers; arrests; search and seizure of vessels;
disposal of property
Any duly authorized enforcement officer or employee of the
Department of Commerce; any Coast Guard officer; any United States
marshal or deputy United States marshal; any customs officer; and
any other person authorized to enforce the provisions of the
convention, the regulations of the Commission, this subchapter, and
the regulations of the Secretary of Commerce, shall have power,
without warrant or other process but subject to the provisions of
the convention, to arrest any person subject to the jurisdiction of
the United States committing in his presence or view a violation of
the convention or of this subchapter, or of the regulations of the
Commission, or of the regulations of the Secretary of Commerce and
to take such person immediately for examination before a justice or
judge or any other official designated in section 3041 of title 18;
and shall have power, without warrant or other process, to search
any vessel subject to the jurisdiction of the United States or land
station when he has reasonable cause to believe that such vessel or
land station is engaged in whaling in violation of the provisions
of the convention or this subchapter or the regulations of the
Commission, or the regulations of the Secretary of Commerce. Any
person authorized to enforce the provisions of the convention, this
subchapter, the regulations of the Commission, or the regulations
of the Secretary of Commerce shall have power to execute any
warrant or process issued by an officer or court of competent
jurisdiction for the enforcement of this subchapter, and shall have
power with a search warrant to search any vessel, person, or place
at any time. The judges of the United States district courts and
the United States magistrate judges may, within their respective
jurisdictions, upon proper oath or affirmation showing probable
cause, issue warrants in all such cases. Subject to the provisions
of the convention, any person authorized to enforce the convention,
this subchapter, the regulations of the Commission, and the
regulations of the Secretary of Commerce may seize, whenever and
wherever lawfully found, all whales or whale products taken,
processed, or possessed contrary to the provisions of the
convention, of this subchapter of the regulations of the
Commission, or of the regulations of the Secretary of Commerce.
Any property so seized shall not be disposed of except pursuant
to the order of a court of competent jurisdiction or the provisions
of subsection (b) of this section, or, if perishable, in the manner
prescribed by regulations of the Secretary of Commerce.
(b) Stay of execution upon posting of bond; bond requirements
Notwithstanding the provisions of section 2464 of title 28, when
a warrant of arrest or other process in rem is issued in any cause
under this section, the marshal or other officer shall stay the
execution of such process, or discharge any property seized if the
process has been levied, on receiving from the claimant of the
property a bond or stipulation for double the value of the property
with sufficient surety to be approved by a judge of the district
court having jurisdiction, conditioned to deliver the property
seized, if condemned, without impairment in value or, in the
discretion of the court, to pay its equivalent value in money or
otherwise to answer the decree of the court in such cause. Such
bond or stipulation shall be returned to the court and judgment
thereon against both the principal and sureties may be recovered in
event of any breach of the conditions thereof as determined by the
court.
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