§ 2439. — 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: 16USC2439]
TITLE 16--CONSERVATION
CHAPTER 44A--ANTARCTIC MARINE LIVING RESOURCES CONVENTION
Sec. 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,
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\1\ So in original. Probably should be ``or''.
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(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.
(Pub. L. 98-623, title III, Sec. 310, Nov. 8, 1984, 98 Stat. 3403.)
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.
