|
U.S. Code as of:
01/19/04
Section 1377. Enforcement
(a) Utilization of personnel
Except as otherwise provided in this subchapter, the Secretary
shall enforce the provisions of this subchapter. The Secretary may
utilize, by agreement, the personnel, services, and facilities of
any other Federal agency for purposes of enforcing this subchapter.
(b) State officers and employees
The Secretary may also designate officers and employees of any
State or of any possession of the United States to enforce the
provisions of this subchapter. When so designated, such officers
and employees are authorized to function as Federal law enforcement
agents for these purposes, but they shall not be held and
considered as employees of the United States for the purposes of
any laws administered by the Director of the Office of Personnel
Management.
(c) Warrants and other process for enforcement
The judges of the district courts of the United States and the
United States magistrate judges may, within their respective
jurisdictions, upon proper oath or affirmation showing probable
cause, issue such warrants or other process, including warrants or
other process issued in admiralty proceedings in United States
district courts, as may be required for enforcement of this
subchapter and any regulations issued thereunder.
(d) Execution of process; arrest; search; seizure
Any person authorized by the Secretary to enforce this subchapter
may execute any warrant or process issued by any officer or court
of competent jurisdiction for the enforcement of this subchapter.
Such a person so authorized may, in addition to any other authority
conferred by law -
(1) with or without warrant or other process, arrest any person
committing in his presence or view a violation of this subchapter
or the regulations issued thereunder;
(2) with a warrant or other process, or without a warrant if he
has reasonable cause to believe that a vessel or other conveyance
subject to the jurisdiction of the United States or any person on
board is in violation of any provision of this subchapter or the
regulations issued thereunder, search such vessel or conveyance
and arrest such person;
(3) seize the cargo of any vessel or other conveyance subject
to the jurisdiction of the United States used or employed
contrary to the provisions of this subchapter or the regulations
issued hereunder or which reasonably appears to have been so used
or employed; and
(4) seize, whenever and wherever found, all marine mammals and
marine mammals products taken or retained in violation of this
subchapter or the regulations issued thereunder and shall dispose
of them, in accordance with regulations prescribed by the
Secretary.
(e) Disposition of seized cargo
(1) Whenever any cargo or marine mammal or marine mammal product
is seized pursuant to this section, the Secretary shall expedite
any proceedings commenced under section 1375(a) or (b) of this
title. All marine mammal or marine mammal products or other cargo
so seized shall be held by any person authorized by the Secretary
pending disposition of such proceedings. The owner or consignee of
any such marine mammal or marine mammal product or other cargo so
seized shall, as soon as practicable following such seizure, be
notified of that fact in accordance with regulations established by
the Secretary.
(2) The Secretary may, with respect to any proceeding under
section 1375(a) or (b) of this title, in lieu of holding any marine
mammal or marine mammal product or other cargo, permit the person
concerned to post bond or other surety satisfactory to the
Secretary pending the disposition of such proceeding.
(3)(A) Upon the assessment of a penalty pursuant to section
1375(a) of this title, all marine mammals and marine mammal
products or other cargo seized in connection therewith may be
proceeded against in any court of competent jurisdiction and
forfeited to the Secretary for disposition by him in such manner as
he deems appropriate.
(B) Upon conviction for violation of section 1375(b) of this
title, all marine mammals and marine mammal products seized in
connection therewith shall be forfeited to the Secretary for
disposition by him in such manner as he deems appropriate. Any
other property or item so seized may, at the discretion of the
court, be forfeited to the United States or otherwise disposed of.
(4) If with respect to any marine mammal or marine mammal product
or other cargo so seized -
(A) a civil penalty is assessed under section 1375(a) of this
title and no judicial action is commenced to obtain the
forfeiture of such mammal or product within thirty days after
such assessment, such marine mammal or marine mammal product or
other cargo shall be immediately returned to the owner or the
consignee; or
(B) no conviction results from an alleged violation of section
1375(b) of this title, such marine mammal or marine mammal
product or other cargo shall immediately be returned to the owner
or consignee if the Secretary does not, with (!1) thirty days
after the final disposition of the case involving such alleged
violation, commence proceedings for the assessment of a civil
penalty under section 1375(a) of this title.
|
|