§ 773i. — Administration and 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: 16USC773i]
TITLE 16--CONSERVATION
CHAPTER 10--NORTHERN PACIFIC HALIBUT FISHING
SUBCHAPTER IV--NORTHERN PACIFIC HALIBUT ACT OF 1982
Sec. 773i. Administration and enforcement
(a) Secretary of Commerce and Secretary of department in which Coast
Guard is operating
The Convention, this subchapter, and any regulation adopted under
this subchapter, shall be enforced by the Secretary and the Secretary of
the department in which the Coast Guard is operating. Such Secretaries
may, by agreement, on a reimbursable basis or otherwise, utilize the
personnel, services, equipment (including aircraft and vessels), and
facilities of any other Federal agency, and of any State agency, in the
performance of such duties.
(b) Arrest, search and inspection, seizure; execution of warrants or
other process
Any officer who is authorized by the Secretary, 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 such
Secretaries under subsection (a) of this section to enforce the
Convention, this subchapter or any regulation adopted under this
subchapter may--
(1) with or without a warrant or other process--
(A) arrest any person, if he has reasonable cause to believe
that such person has committed an act prohibited by section 773e
of this title;
(B) board, and search or inspect, any fishing vessel which
is subject to this subchapter;
(C) at reasonable times enter, and search or inspect,
shoreside facilities in which fish taken subject to this
subchapter are processed, packed or held;
(D) 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, an act prohibited by
section 773e of this title;
(E) seize any fish (wherever found) taken or retained in the
course of an act prohibited by section 773e of this title, or
the proceeds of the sale of such fish; and
(F) seize any other evidence related to an act prohibited by
section 773e of this title;
(2) execute any warrant or other process issued by any court of
competent jurisdiction; and
(3) exercise any other lawful authority.
(c) Citation of owner or operator of offending vessel
If any officer authorized to enforce this subchapter (as provided
for in this section) finds that a fishing vessel is operating or has
been operated in the commission of an act prohibited by section 773e of
this title, such officer may, in accordance with regulations issued
jointly by the Secretary and the Secretary of the department in which
the Coast Guard is operating, issue a citation to the owner or operator
of such vessel in lieu of proceeding under subsection (b) of this
section. If a permit has been issued pursuant to this subchapter for
such vessel, such officer shall note the issuance of any citation under
this subsection, including the date thereof and the reason therefor, on
the permit. The Secretary shall maintain a record of all citations
issued pursuant to this subsection.
(d) United States district court jurisdiction
The district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under this subchapter.
Any such court may, at any time--
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem or other process;
(3) prescribe and accept satisfactory bonds or other security;
and
(4) take such other actions as are in the interest of justice.
(e) Witnesses; records and files
When requested by the appropriate authorities of Canada, officers or
employees of the Coast Guard, the National Oceanic and Atmospheric
Administration or any other agency of the United States 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
in Canada of any violation of the Convention or any Canadian law
relating to the enforcement thereof.
(f) Investigations by Secretary of Commerce; powers; process
(1) In cooperation with such other agencies as may be appropriate,
the Secretary may conduct or cause to be conducted such law enforcement
investigations as are deemed necessary to carry out the purposes of this
subchapter.
(2) For the purpose of all investigations which, in the opinion of
the Secretary, are necessary and proper for the enforcement of this
subchapter, the Secretary or any officer designated by him is empowered
to administer oaths and affirmations, subpena witnesses, take evidence,
and require the production of any books, papers, or other documents
which the Secretary deems relevant or material to the inquiry. Such
attendance of witnesses and the production of such documentary evidence
may be required from any place in the United States at any designated
place or hearing.
(3) Process of the Secretary may be served by anyone duly authorized
by him either--
(A) by delivering a copy thereof to the individual to be served,
or to a member of the partnership to be served, or the president,
secretary, or other executive officer or a director of the
corporation to be served; or the agent designated for service of
process;
(B) by leaving a copy thereof at the residence or the principal
office or place of business of such individual, partnership, or
corporation; or
(C) by mailing a copy thereof by registered or certified mail
addressed to such individual, partnership, or corporation at his or
its residence or principal office or place of business. The verified
return by the individual so serving such complaint, order, or other
process setting forth the manner of service shall be proof of same,
and the returned post office receipt for such complaint, order, or
other process mailed by registered or certified mail shall be proof
of the service of the same.
(Pub. L. 97-176, Sec. 11, May 17, 1982, 96 Stat. 82.)
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.
Section Referred to in Other Sections
This section is referred to in section 773h of this title.
