§ 1156. — Enforcement provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1156]
TITLE 16--CONSERVATION
CHAPTER 24--CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS
SUBCHAPTER I--FUR SEAL MANAGEMENT
Sec. 1156. Enforcement provisions
(a) Search of vessels; certificate of identification; exhibition to
master
Any person authorized to enforce the provisions of this chapter who
has reasonable cause to believe that any vessel outfitted for the
harvesting of living marine resources and subject to the jurisdiction of
any of the parties to the Convention is violating the provisions of
article III of the Convention may, except within the areas in which
another State exercises fisheries jurisdiction, board and search such
vessel. Such person shall carry a special certificate of identification
issued by the Secretary or Secretary of the department in which the
Coast Guard is operating which shall be in English, Japanese, and
Russian and which shall be exhibited to the master of the vessel upon
request.
(b) Seizure; arrest; notice; delivery of vessel or person to authorized
officials; custody
If, after boarding and searching such vessel, such person continues
to have reasonable cause to believe that such vessel, or any person
onboard, is violating said article, he may seize such vessel or arrest
such person, or both. The Secretary of State shall, as soon as
practicable, notify the party having jurisdiction over the vessel or
person of such seizure or arrest.
The Secretary or the Secretary of the department in which the Coast
Guard is operating, upon request of the Secretary of State, shall
deliver the seized vessel or arrested person, or both, as promptly as
practicable to the authorized officials of said party: Provided, That
whenever said party cannot immediately accept such delivery, the
Secretary or the Secretary of the department in which the Coast Guard is
operating may, upon the request of the Secretary of State, keep the
vessel or person in custody within the United States.
(c) Testimony of enforcement agents
At the request of said party, the Secretary or the Secretary of the
department in which the Coast Guard is operating, shall direct the
person authorized to enforce the provisions of this chapter to attend
the trial as a witness in any case arising under said article or give
testimony by deposition, and shall produce such records and files or
copies thereof as may be necessary to establish the offense.
(Pub. L. 89-702, title I, Sec. 106, Nov. 2, 1966, 80 Stat. 1092; Pub. L.
98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 837.)
Amendments
1983--Pub. L. 98-129 amended section generally, substituting
provisions setting out enforcement steps, which were previously
contained in section 1155 of this title, for provisions establishing the
North Pacific Fur Seal Commission. See section 1157 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
