§ 5008. — 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: 16USC5008]
TITLE 16--CONSERVATION
CHAPTER 70--NORTH PACIFIC ANADROMOUS STOCKS CONVENTION
Sec. 5008. Enforcement provisions
(a) Duties of Secretaries of Commerce and Transportation
This chapter shall be enforced by the Secretary of Commerce and the
Secretary of Transportation. Such Secretaries may by agreement utilize,
on a reimbursable basis or otherwise, the personnel, services, equipment
(including aircraft and vessels), and facilities of any other Federal
agency, including all elements of the Department of Defense, and of any
State agency, in the performance of such duties. Such Secretaries shall,
and the head of any Federal or State agency that has entered into an
agreement with either such Secretary under the preceding sentence may
(if the agreement so provides), authorize officers to enforce the
provisions of the Convention, this chapter, and regulations issued under
this chapter. Any such agreement or contract entered into pursuant to
this section shall be effective only to such extent or in such amounts
as are provided in advance in appropriations Acts.
(b) District court jurisdiction
The district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under the provisions
of this chapter.
(c) Powers of enforcement officers
Authorized officers may, shoreward of the outer boundary of the
exclusive economic zone, or during hot pursuit from the zone--
(1) with or without a warrant or other process--
(A) arrest any person, if the officer has reasonable cause
to believe that such person has committed an act prohibited by
section 5009 of this title;
(B) board, and search or inspect, any fishing vessel subject
to the provisions of the Convention and this chapter;
(C) seize any fishing vessel (together with its fishing
gear, furniture, appurtenances, stores, and cargo) used or
employed in, or with respect to which it reasonably appears that
such vessel was used or employed in, the violation of any
provision of the Convention, this chapter, or regulations issued
under this chapter;
(D) seize any fish (wherever found) taken or retained in
violation of any provision referred to in subparagraph (C);
(E) seize any other evidence related to any violation of any
provision referred to in subparagraph (C);
(2) execute any warrant or other process issued by any court of
competent jurisdiction; and
(3) exercise any other lawful authority.
(d) Additional powers
(1) An authorized officer may in the Convention area--
(A) board a vessel of any Party that reasonably can be believed
to be engaged in directed fishing for, incidental taking of, or
processing of anadromous fish, and, without warrant or process,
inspect equipment, logs, documents, catch, and other articles, and
question persons, on board the vessel, for the purpose of carrying
out the provisions of the Convention, this chapter, or any
regulation issued under this chapter; and
(B) If \1\ any such vessel or person on board is actually
engaged in operations in violation of any such provision, or there
is reasonable ground to believe any person or vessel was obviously
so engaged before the boarding of such vessel by the authorized
officer, arrest or seize such person or vessel and further
investigate the circumstance if necessary.
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\1\ So in original. Probably should not be capitalized.
If an authorized officer, after boarding and investigation, has
reasonable cause to believe that any such fishing vessel or person
engaged in operations in violation of any provision referred to in
subparagraph (A), the officer shall deliver the vessel or person as
promptly as practicable to the enforcement officers of the appropriate
Party, in accordance with the provisions of the Convention.
(2) When requested by the appropriate authorities of a Party, an
authorized officer may be directed to attend as a witness, and to
produce such available records and files or duly certified copies
thereof as may be necessary, for the prosecution by that Party of any
violation of the provisions of the Convention or any law of that Party
relating to the enforcement thereof.
(Pub. L. 102-567, title VIII, Sec. 809, Oct. 29, 1992, 106 Stat. 4312;
Pub. L. 102-587, title VIII, Sec. 8009, Nov. 4, 1992, 106 Stat. 5101;
Pub. L. 106-562, title III, Sec. 304(a), Dec. 23, 2000, 114 Stat. 2806.)
Codification
Title VIII of Pub. L. 102-567 and Pub. L. 102-587 enacted
substantially identical sections. Title VIII of Pub. L. 102-587 was
repealed by Pub. L. 106-562.
Section Referred to in Other Sections
This section is referred to in sections 5002, 5010 of this title.
