§ 1377. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1377]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
Sec. 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.
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\1\ So in original. Probably should be ``within''.
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(Pub. L. 92-522, title I, Sec. 107, Oct. 21, 1972, 86 Stat. 1037; 1978
Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat.
3783; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
5117.)
Change of Name
``United States magistrate judges'' substituted for ``United States
magistrates'' in subsec. (c) 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
``Director of the Office of Personnel Management'' substituted for
``Civil Service Commission'' in subsec. (b) pursuant to Reorg. Plan No.
2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section
1101 of Title 5, Government Organization and Employees, which
transferred functions vested by statute in Civil Service Commission to
Director of Office of Personnel Management (except as otherwise
specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101
of Title 5.
Section Referred to in Other Sections
This section is referred to in sections 1379, 1387 of this title.
