|
U.S. Code as of:
01/19/04
Section 2409. Enforcement
(a) Responsibility
The provisions of this chapter and of any regulation prescribed,
or permit issued, under this chapter shall be enforced by the
Director, the Secretary of the Treasury, the Secretary of Commerce,
the Secretary of (!1) Interior, and the Secretary of the department
in which the Coast Guard is operating. The Director and such
Secretaries may utilize by agreement, on a reimbursable basis or
otherwise, the personnel, services, and facilities of any other
Federal agency or any State agency in the performance of such
duties.
(b) Powers of authorized officers
Any officer who is authorized (by the Director, the Secretary of
the Treasury, the Secretary of Commerce, the Secretary of the
Interior, the Secretary of the department in which the Coast Guard
is operating, or the head of any Federal or State agency which has
entered into an agreement with the Director or any such Secretary
under subsection (a) of this section) to enforce the provisions of
this chapter and of any regulation or permit issued under this
chapter may -
(1) secure, execute, and serve any order, warrant, subpena, or
other process, which is issued under the authority of the United
States;
(2) search without warrant any person, place, or conveyance
where there is reasonable grounds to believe that a person has
committed or is attempting to commit an act prohibited by section
2403(a) of this title;
(3) seize without warrant any evidentiary item where there is
reasonable grounds to believe that a person has committed or is
attempting to commit any such act;
(4) offer and pay rewards for services or information which may
lead to the apprehension of violators of such provisions;
(5) make inquiries, and administer to, or take from, any person
an oath, affirmation, or affidavit, concerning any matter which
is related to the enforcement of such provisions;
(6) detain for inspection and inspect any package, crate, or
other container, including its contents, and all accompanying
documents, upon importation into, or exportation from, the United
States; and
(7) make an arrest with or without a warrant with respect to
any act prohibited by section 2403(a) of this title if such
officer has reasonable grounds to believe that the person to be
arrested is committing such act in his presence or view, or has
committed such act.
(c) Seizure
Any property or item seized pursuant to subsection (b) of this
section shall be held by any person authorized by the Director, the
Secretary of the Treasury, the Secretary of Commerce, the Secretary
of the Interior, or the Secretary of the department in which the
Coast Guard is operating pending the disposition of civil or
criminal proceedings, or the institution of an action in rem for
forfeiture of such property or item; except that such authorized
person may, in lieu of holding such property or item, permit the
owner or consignee thereof to post a bond or other satisfactory
surety.
(d) Forfeiture
(1) Any animal or plant with respect to which an act prohibited
by section 2403(a) of this title is committed shall be subject to
forfeiture to the United States.
(2) All guns, traps, nets, and other equipment, vessels,
vehicles, aircraft, and other means of transportation used in the
commission of any act prohibited by section 2403(a) of this title
shall be subject to forfeiture to the United States.
(3) Upon the forfeiture to the United States of any property or
item described in paragraph (1) or (2), or upon the abandonment or
waiver of any claim to any such property or item, it shall be
disposed of by the Director, the Secretary of the Treasury, the
Secretary of Commerce, the Secretary of the Interior, or the
Secretary of the department in which the Coast Guard is operating,
as the case may be, in such a manner, consistent with the purposes
of the chapter, as may be prescribed by regulation; except that no
native mammal, native bird, or native plant may be disposed of by
sale to the public.
(e) Application of customs laws
All provisions of law relating to the seizure, forfeiture, and
condemnation of a vessel for violation of the customs laws, the
disposition of such vessel or the proceeds from the sale thereof,
and the remission or mitigation of such forfeiture, shall apply to
the seizures and forfeitures incurred, or alleged to have been
incurred, under the provision of this chapter, insofar as such
provisions of law are applicable and not inconsistent with the
provisions of this chapter; except that all powers, rights, and
duties conferred or imposed by the customs laws upon any officer or
employee of the Customs Service may, for the purposes of this
chapter, also be exercised or performed by the Director, the
Secretary of Commerce, the Secretary of the Interior, or the
Secretary of the department in which the Coast Guard is operating,
or by such persons as each may designate.
(f) Regulations
The Director, the Secretary of the Treasury, the Secretary of
Commerce, the Secretary of the Interior, and the Secretary of the
department in which the Coast Guard is operating may prescribe such
regulations as may be appropriate to enforce the provisions of this
chapter and of any regulation prescribed or permit issued under
this chapter, and charge reasonable fees for the expenses of the
United States incurred in carrying out inspections and in
transferring, boarding, handling, or storing native mammals, native
birds, native plants, animals and plants not indigenous to
Antarctica, and other evidentiary items seized or forfeited under
this chapter.
|
|