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U.S. Code as of:
01/19/04
Section 2439. Enforcement
(a) Responsibility
The provisions of this chapter shall be enforced by the Secretary
of Commerce and the Secretary of the department in which the Coast
Guard is operating. Such Secretaries may utilize by agreement, on a
reimbursable basis or otherwise, the personnel, services, and
facilities of any other department or agency of the United States
in the performance of such duties.
(b) Powers of authorized officers and employees
Any officer or employee of the United States who is authorized
(by the Secretary of Commerce, the Secretary of the department in
which the Coast Guard is operating, or the head of any department
or agency of the United States which has entered into an agreement
with either Secretary under subsection (a) of this section) to
enforce the provisions of this chapter and of any regulation
promulgated under this chapter may, in enforcing such provisions -
(1) secure, execute, and serve any order, warrant, subpoena, or
other process, which is issued under the authority of the United
States;
(2) search without warrant any person, place, vehicle or
aircraft subject to the jurisdiction of the United States where
there are reasonable grounds to believe that a person has
committed or is attempting to commit an act prohibited by section
2435 of this title;
(3) with or without a warrant board and search or inspect any
vessel of the United States or vessel subject to the jurisdiction
of the United States;
(4) seize without warrant -
(A) any evidentiary item where there are reasonable grounds
to believe that a person has committed or is attempting to
commit an act prohibited by section 2435 of this title,
(B) any Antarctic marine living resources (or part of (!1)
product thereof) with respect to which such an act is
committed,
(C) any vessel of the United States (including its gear,
furniture, appurtenances, stores, and cargo), any vessel
subject to the jurisdiction of the United States (including its
gear, furniture, appurtenances, stores, and cargo), and any
vehicle, aircraft, or other means of transportation subject to
the jurisdiction of the United States used in connection with
such an act, and
(D) any guns, traps, nets, or equipment used in connection
with such an act;
(5) offer and pay rewards for services or information which may
lead to the apprehension of persons violating such provisions;
(6) 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;
(7) in coordination with the Secretary of the Treasury, 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;
(8) make an arrest with or without a warrant with respect to
any act prohibited by paragraph (4), (5), (6), or (7) of section
2435 of this title if such officer or employee has reasonable
grounds to believe that the person to be arrested is committing
such act in his or her presence or view or has committed such
act;
(9) exercise enforcement powers conferred on such officer or
employee under a system of observation and inspection, or interim
arrangements pending the establishment of such a system, which
the Secretary of State has agreed to on behalf of the United
States pursuant to section 2434(b) of this title; and
(10) exercise any other authority which such officer or
employee is permitted by law to exercise.
(c) Seizure
Subject to the succeeding provisions of this subsection, any
property or item seized pursuant to subsection (b) of this section
shall be held by any officer or employee of the United States, who
is authorized by the Secretary of Commerce or the Secretary of the
department in which the Coast Guard is operating, pending the
disposition of civil or criminal proceedings concerning the
violation relating to the property or item, or the institution of
an action in rem for the forfeiture of such property or item. Such
authorized officer or employee may, upon the order of a court of
competent jurisdiction, either release such seized property or item
to the wild or destroy such property or item, when the cost of
maintenance of the property or item pending the disposition of the
case is greater than the legitimate market value of the property or
item. Such authorized officer or employee and all officers or
employees acting by or under his or her direction shall be
indemnified from any penalties or actions for damages for so
releasing or destroying such property or item. Such authorized
officer or employee 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 Antarctic marine living resource (or part or product
thereof) with respect to which an act prohibited by section 2435 of
this title is committed, any vessel of the United States (including
its gear, furniture, appurtenances, stoves, and cargo), vessel
subject to the jurisdiction of the United States (including its
gear, furniture, appurtenances, stoves, and cargo), or vessel,
vehicle, or aircraft or other means of transportation subject to
the jurisdiction of the United States, which is used in connection
with an act prohibited by section 2435 of this title, and all guns,
traps, nets, and other equipment used in connection with such act,
shall be subject to forfeiture to the United States.
(2) Upon the forfeiture to the United States of any property or
item described in paragraph (1), or upon the abandonment or waiver
of any claim to any such property or item, it shall be disposed of
by the Secretary of Commerce, 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 this chapter, as may be
prescribed by regulation.
(e) Application of customs laws
All provisions of law relating to the seizure, forfeiture, and
condemnation of property (including vessels) for violation of the
customs laws, the disposition of such property 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, and the compromise of claims,
under the provisions 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 Secretary of Commerce or the
Secretary of the department in which the Coast Guard is operating,
or by such officers or employees of the United States as each
Secretary may designate.
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