§ 1172. — Practice and procedure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1172]
TITLE 16--CONSERVATION
CHAPTER 24--CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS
SUBCHAPTER III--ENFORCEMENT
Sec. 1172. Practice and procedure
(a) Joint responsibility; designation by Secretary of State officers and
employees as Federal law enforcement agents; non-Federal
employees for civil service purposes
Enforcement of the provisions of this chapter is the joint
responsibility of the Secretary, the Secretary of the Treasury, and the
Secretary of the department in which the Coast Guard is operating. In
addition, the Secretary may designate officers and employees of the
States of the United States to enforce the provisions of this chapter
which relate to persons or vessels subject to the jurisdiction of the
United States. 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 purpose of any laws administered by the Office of
Personnel Management.
(b) Issuance of warrants and other process
The judges of the United States district courts and 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 Federal district courts, as may be required for
enforcement of this chapter and any regulations issued thereunder.
(c) Execution of warrants or other process by enforcement agents
Any person authorized to carry out enforcement activities hereunder
shall have the power to execute any warrant or process issued by any
officer or court of competent jurisdiction for the enforcement of this
chapter.
(d) Arrests and searches by enforcement agents
Such person so authorized shall have the power--
(1) with or without a warrant or other process, to arrest any
person committing in his presence or view a violation of this
chapter 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 subject to the
jurisdiction of the United States or any person onboard is in
violation of any provision of this chapter or the regulations issued
thereunder, to search such vessel and to arrest such person.
(e) Seizure of vessels and related articles
Such person so authorized may seize any vessel subject to the
jurisdiction of the United States, together with its tackle, apparel,
furniture, appurtenances, cargo, and stores, used or employed contrary
to the provisions of this chapter or the regulations issued hereunder or
which it reasonably appears has been used or employed contrary to the
provisions of this chapter or the regulations issued hereunder.
(f) Seizure and disposition of fur seals
Such person so authorized may seize, whenever and wherever lawfully
found, all fur seals taken or retained in violation of this chapter or
the regulations issued thereunder. Any fur seals so seized or forfeited
to the United States pursuant to this chapter shall be disposed of in
accordance with the provisions of section 1155 of this title.
(Pub. L. 89-702, title III, Sec. 302, Nov. 2, 1966, 80 Stat. 1097; Pub.
L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 844; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Amendments
1983--Pub. L. 98-129 amended section generally, substituting
provisions, which were contained in section 1182 of this title, relating
to practice and procedure in connection with the enforcement of this
chapter for provisions which had authorized the sale by the Secretary of
sea otter skins that had been forfeited to or seized by the United
States.
Change of Name
``United States magistrate judges'' substituted for ``United States
magistrates'' in subsec. (b) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
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.
