§ 972g. — 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: 16USC972g]
TITLE 16--CONSERVATION
CHAPTER 16B--EASTERN PACIFIC TUNA FISHING
Sec. 972g. Enforcement
(a) Warrants
The judges of the United States district courts and United States
magistrate judges may, within their respective jurisdictions, upon
proper oath or affirmation showing probable cause, issue such warrants
or other process as may be required for enforcement of this chapter and
the regulations issued under section 972e of this title.
(b) Joint responsibility for enforcement
The enforcement of this chapter and the regulations issued under
section 972e of this title shall be the joint responsibility of the
department in which the Coast Guard is operating, the Department of
Commerce, and the United States Customs Service. In addition, the
Secretary of Commerce may designate officers and employees of the States
of the United States, of the Commonwealth of Puerto Rico, and of
American Samoa to carry out enforcement activities under this section.
When so designated, such officers and employees may function as Federal
law enforcement agents for these purposes.
(c) Execution of warrants and process
An individual authorized to carry out enforcement activities under
this section has power to execute any warrant or process issued by any
officer or court of competent jurisdiction for the enforcement of this
chapter.
(d) Arrest; search
An individual so authorized to carry out enforcement activities
under this section has power--
(1) with or without a warrant or other process, to arrest any
person subject to the jurisdiction of the United States at any place
within the jurisdiction of the United States committing in his
presence or view a violation of this chapter or the regulations
issued under section 972e of this title;
(2) with or without a warrant or other process, to search any
vessel subject to the jurisdiction of the United States, and, if, as
a result of the search he has reasonable cause to believe that such
vessel or any individual on board is engaging in operations in
violation of this chapter or any regulation issued thereunder to
arrest such person.
(e) Seizure
An individual authorized to enforce this chapter may seize, whenever
or wherever lawfully found, all species of designated tuna taken or
retained in violation of this chapter or the regulations issued under
section 972e of this title. Any species so seized may be disposed of
pursuant to the order of a court of competent jurisdiction, under
subsection (f) of this section or, if perishable, in a manner prescribed
by regulations of the Secretary of Commerce.
(f) Bond or stipulation for value of the property
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 species of designated tuna seized if the
process has been levied, on receiving from the claimant of the species 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 species 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 species may be sold for not less than
its reasonable market value and the proceeds of such sale placed in the
registry of the court pending judgment in the case.
(Pub. L. 98-445, Sec. 9, Oct. 4, 1984, 98 Stat. 1717; Pub. L. 101-650,
title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Change of Name
``United States magistrate judges'' substituted for ``United States
magistrates'' in subsec. (a) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
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.
