[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC916g]
TITLE 16--CONSERVATION
CHAPTER 14--REGULATION OF WHALING
SUBCHAPTER II--WHALING CONVENTION ACT
Sec. 916g. Enforcement
(a) Enforcement officers; arrests; search and seizure of vessels;
disposal of property
Any duly authorized enforcement officer or employee of the
Department of Commerce; any Coast Guard officer; any United States
marshal or deputy United States marshal; any customs officer; and any
other person authorized to enforce the provisions of the convention, the
regulations of the Commission, this subchapter, and the regulations of
the Secretary of Commerce, shall have power, without warrant or other
process but subject to the provisions of the convention, to arrest any
person subject to the jurisdiction of the United States committing in
his presence or view a violation of the convention or of this
subchapter, or of the regulations of the Commission, or of the
regulations of the Secretary of Commerce and to take such person
immediately for examination before a justice or judge or any other
official designated in section 3041 of title 18; and shall have power,
without warrant or other process, to search any vessel subject to the
jurisdiction of the United States or land station when he has reasonable
cause to believe that such vessel or land station is engaged in whaling
in violation of the provisions of the convention or this subchapter or
the regulations of the Commission, or the regulations of the Secretary
of Commerce. Any person authorized to enforce the provisions of the
convention, this subchapter, the regulations of the Commission, or the
regulations of the Secretary of Commerce shall have power to execute any
warrant or process issued by an officer or court of competent
jurisdiction for the enforcement of this subchapter, and shall have
power with a search warrant to search any vessel, person, or place at
any time. The judges of the United States district courts and the United
States magistrate judges may, within their respective jurisdictions,
upon proper oath or affirmation showing probable cause, issue warrants
in all such cases. Subject to the provisions of the convention, any
person authorized to enforce the convention, this subchapter, the
regulations of the Commission, and the regulations of the Secretary of
Commerce may seize, whenever and wherever lawfully found, all whales or
whale products taken, processed, or possessed contrary to the provisions
of the convention, of this subchapter of the regulations of the
Commission, or of the regulations of the Secretary of Commerce.
Any property so seized shall not be disposed of except pursuant to
the order of a court of competent jurisdiction or the provisions of
subsection (b) of this section, or, if perishable, in the manner
prescribed by regulations of the Secretary of Commerce.
(b) Stay of execution upon posting of bond; bond requirements
Notwithstanding the provisions of section 2464 of title 28, when a
warrant of arrest or other process in rem is issued in any cause under
this section, the marshal or other officer shall stay the execution of
such process, or discharge any property seized if the process has been
levied, on receiving from the claimant of the property a bond or
stipulation for double the value of the property with sufficient surety
to be approved by a judge of the district court having jurisdiction,
conditioned to deliver the property seized, if condemned, without
impairment in value or, in the discretion of the court, to pay its
equivalent value in money or
