§ 971f. — 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: 16USC971f]
TITLE 16--CONSERVATION
CHAPTER 16A--ATLANTIC TUNAS CONVENTION
Sec. 971f. Enforcement
(a) Particular powers
Any person authorized in accordance with the provisions of this
chapter to enforce the provisions of this chapter and the regulations
issued thereunder may--
(1) with or without a warrant, board any vessel subject to the
jurisdiction of the United States and inspect such vessel and its
catch and, if as a result of such inspection, he has reasonable
cause to believe that such vessel or any person on board is engaging
in operations in violation of this chapter or any regulations issued
thereunder, he may, with or without a warrant or other process,
arrest such person;
(2) arrest, with or without a warrant, any person who violates
the provisions of this chapter or any regulation issued thereunder
in his presence or view;
(3) execute any warrant or other process issued by an officer or
court of competent jurisdiction; and
(4) seize, whenever and wherever lawfully found, all fish taken
or retained by a vessel subject to the jurisdiction of the United
States in violation of the provisions of this chapter or any
regulations issued pursuant thereto. Any fish so seized may be
disposed of pursuant to an order of a court of competent
jurisdiction, or, if perishable, in a manner prescribed by
regulation of the Secretary.
(b) International enforcement
To the extent authorized under the convention or by agreements
between the United States and any contracting party concluded pursuant
to section 971c(b) of this title for international enforcement, the duly
authorized officials of such party shall have the authority to carry out
the enforcement activities specified in subsection (a) of this section
with respect to persons or vessels subject to the jurisdiction of the
United States, and the officials of the United States authorized
pursuant to this section shall have the authority to carry out the
enforcement activities specified in subsection (a) of this section with
respect to persons or vessels subject to the jurisdiction of such party,
except that where any agreement provides for arrest or seizure of
persons or vessels under United States jurisdiction it shall also
provide that the person or vessel arrested or seized shall be promptly
handed over to a United States enforcement officer or another authorized
United States official.
(c) Bonds or stipulations
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 fish seized if the process has been
levied, on receiving from the claimant of the fish a bond or stipulation
for the value of the property with sufficient surety to be approved by a
judge of the district court having jurisdiction of the offense,
conditioned to deliver the fish seized, if condemned, without impairment
in value or, in the discretion of the court, to pay its equivalent value
in money or otherwise to answer the decree of the court in such cause.
Such bond or stipulation shall be returned to the court and judgment
thereon against both the principal and sureties may be recovered in
event of any breach of the conditions thereof as determined by the
court. In the discretion of the accused, and subject to the direction of
the court, the fish may be sold for not less than its reasonable market
value at the time of seizure and the proceeds of such sale placed in the
registry of the court pending judgment in the case.
(Pub. L. 94-70, Sec. 8, Aug. 5, 1975, 89 Stat. 391.)
