§ 2409. — 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: 16USC2409]
TITLE 16--CONSERVATION
CHAPTER 44--ANTARCTIC CONSERVATION
Sec. 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.
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\1\ So in original. Probably should be ``of the''.
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(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.
(Pub. L. 95-541, Sec. 10, Oct. 28, 1978, 92 Stat. 2055.)
References in Text
The customs laws, referred to in subsec. (e), are classified
generally to Title 19, Customs Duties.
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.
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 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.
