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U.S. Code as of:
01/19/04
Section 973h. Enforcement
(a) Federal responsibilities; utilization of personnel, etc., of
other Federal and State agencies
The provisions of this chapter shall be enforced by the Secretary
in cooperation with the Secretary of State. The Secretary, after
consultation with the Secretary of State, may by agreement, on a
reimbursable basis or otherwise, utilize the personnel, services,
equipment (including aircraft and vessels), and facilities of any
other Federal agency and of any State agency in the performance of
these duties.
(b) Investigation and report of alleged Treaty infringement
involving U.S. vessel; notice requirements to operator of vessel;
comments, information, or evidence by operator
(1) The Secretary shall, at the request of a Pacific Island Party
made to the Secretary of State, fully investigate any alleged
infringement of the Treaty involving a vessel of the United States,
and report as soon as practicable, and in any case within 2 months,
to that Party through the Secretary of State on any action taken or
proposed by the Secretary in regard to the alleged infringement.
(2) Upon commencement of an investigation under paragraph (1) of
this subsection, the Secretary shall notify the operator of any
vessel concerned regarding -
(A) the nature of the investigation;
(B) the right of the operator to submit comments, information,
or evidence bearing on the investigation and to receive, upon the
operator's timely written request to the Secretary, an
opportunity to present such comments, information, or evidence
orally to the Secretary or the Secretary's representative within
30 days after receipt of such notification.
(c) Notice requirements to Pacific Island Party concerning
institution and outcome of legal proceedings
(1) Prior to instituting any legal proceedings under this chapter
for any action which involves an alleged infringement of the Treaty
in waters within the jurisdiction of a Pacific Island Party, the
Secretary, through the Secretary of State, shall notify the Pacific
Island Party in accordance with paragraph 8 of Article 4 of the
Treaty that the proceedings will be instituted. Such notice shall
include a statement of the facts believed to show an infringement
of the Treaty and the nature of the proposed proceedings, including
any proposed charges and any proposed penalties. The Secretary
shall not institute such proceedings if the Pacific Island Party
objects within 30 days after the effective date of the notice under
Article 10 of the Treaty.
(2) The Pacific Island Party exercising jurisdiction over the
waters involved in such a legal proceeding shall be promptly
notified by the Secretary, through the Secretary of State,
concerning the outcome of the proceeding.
(d) Searches and seizures by Authorized Officers; limitations on
powers
(1) Any Authorized Officer may -
(A) with or without a warrant or other process -
(i) arrest any person, if he has reasonable cause to believe
that the person has committed any act subject to prosecution
under section 973e of this title;
(ii) board, and search or inspect, any fishing vessel which
is subject to the provisions of this chapter; or
(iii) seize samples of fish or items for evidence (other than
the vessel or its fishing gear or equipment) related to any
violation of any provision of this chapter;
(iv) order a vessel into the most convenient port of the
United States for investigation when an investigation has been
requested by a Pacific Island Party in accordance with the
Treaty and when such an order is necessary to gather
information for such an investigation;
(B) execute any warrant or other process issued by any court of
competent jurisdiction;
(C) exercise any other lawful authority; and
(D) investigate alleged violations of the Treaty to the same
extent authorized to investigate alleged violations of this
chapter.
(2) To the extent possible, Authorized Officers shall exercise
their powers under paragraph (1)(A)(ii), (iii), and (iv) of this
subsection so as not to interfere unduly with the lawful operation
of the vessel.
(3) Nothing in this chapter shall be construed to limit the
enforcement of this or other applicable Federal laws under section
89 of title 14.
(e) Exclusive jurisdiction
The district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under the
provisions of this chapter.
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