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U.S. Code as of:
01/19/04
Section 971f. Enforcement
(a) Particular powers
Any person authorized in accordance with the provisions of this
chapter to enforce the provisions of this chapter and the
regulations issued thereunder may -
(1) with or without a warrant, board any vessel subject to the
jurisdiction of the United States and inspect such vessel and its
catch and, if as a result of such inspection, he has reasonable
cause to believe that such vessel or any person on board is
engaging in operations in violation of this chapter or any
regulations issued thereunder, he may, with or without a warrant
or other process, arrest such person;
(2) arrest, with or without a warrant, any person who violates
the provisions of this chapter or any regulation issued
thereunder in his presence or view;
(3) execute any warrant or other process issued by an officer
or court of competent jurisdiction; and
(4) seize, whenever and wherever lawfully found, all fish taken
or retained by a vessel subject to the jurisdiction of the United
States in violation of the provisions of this chapter or any
regulations issued pursuant thereto. Any fish so seized may be
disposed of pursuant to an order of a court of competent
jurisdiction, or, if perishable, in a manner prescribed by
regulation of the Secretary.
(b) International enforcement
To the extent authorized under the convention or by agreements
between the United States and any contracting party concluded
pursuant to section 971c(b) of this title for international
enforcement, the duly authorized officials of such party shall have
the authority to carry out the enforcement activities specified in
subsection (a) of this section with respect to persons or vessels
subject to the jurisdiction of the United States, and the officials
of the United States authorized pursuant to this section shall have
the authority to carry out the enforcement activities specified in
subsection (a) of this section with respect to persons or vessels
subject to the jurisdiction of such party, except that where any
agreement provides for arrest or seizure of persons or vessels
under United States jurisdiction it shall also provide that the
person or vessel arrested or seized shall be promptly handed over
to a United States enforcement officer or another authorized United
States official.
(c) Bonds or stipulations
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 fish seized if the
process has been levied, on receiving from the claimant of the fish
a bond or stipulation for the value of the property with sufficient
surety to be approved by a judge of the district court having
jurisdiction of the offense, conditioned to deliver the fish
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. In the discretion of the accused, and subject to the
direction of the court, the fish may be sold for not less than its
reasonable market value at the time of seizure and the proceeds of
such sale placed in the registry of the court pending judgment in
the case.
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