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16 U.S.C. § 5506 — Enforcement provisions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Duties of Secretaries** This chapter shall be enforced by the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating. 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, or 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 this section may (if the agreement so provides), authorize officers to enforce the provisions of this chapter or any regulation or permit issued under this chapter.
**(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. In the case of Guam, and any Commonwealth, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii.
**(c) Powers of enforcement officers**
(1) Any officer who is authorized under subsection (a) to enforce the provisions of this chapter may—
(A) with or without a warrant or other process—
(i) arrest any person, if the officer has reasonable cause to believe that such person has committed an act prohibited by paragraph (6), (7), (8), or (9) of [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim);
(ii) board, and search or inspect, any high seas fishing vessel;
(iii)
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Source file: Laws/federal/codes/united-states-code/title-16/section-5506-enforcement-provisions--af66a2596b.md
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Source location: Title 16, Chapter 75, § 5506; chapter-075-high-seas-fishing-compliance.md
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**(a) Duties of Secretaries** This chapter shall be enforced by the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating. 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, or 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 this section may (if the agreement so provides), authorize officers to enforce the provisions of this chapter or any regulation or permit issued under this chapter.
**(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. In the case of Guam, and any Commonwealth, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii.
**(c) Powers of enforcement officers**
(1) Any officer who is authorized under subsection (a) to enforce the provisions of this chapter may—
(A) with or without a warrant or other process—
(i) arrest any person, if the officer has reasonable cause to believe that such person has committed an act prohibited by paragraph (6), (7), (8), or (9) of [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim);
(ii) board, and search or inspect, any high seas fishing vessel;
(iii) seize any high seas 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 this chapter or any regulation or permit issued under this chapter;
(iv) seize any living marine resource (wherever found) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim);
(v) seize any other evidence related to any violation of any provision of this chapter or any regulation or permit issued under this chapter;
(B) execute any warrant or other process issued by any court of competent jurisdiction; and
(C) exercise any other lawful authority.
(2) Subject to the direction of the Secretary, a person charged with law enforcement responsibilities by the Secretary who is performing a duty related to enforcement of a law regarding fisheries or other marine resources may make an arrest without a warrant for an offense against the United States committed in his presence, or for a felony cognizable under the laws of the United States, if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony.
**(d) Issuance of citations** If any authorized officer finds that a high seas fishing vessel is operating or has been operated in violation of any provision of this chapter, such officer may issue a citation to the owner or operator of such vessel in lieu of proceeding under subsection (c). If a permit has been issued pursuant to this chapter 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.
**(e) Liability for costs** Any person assessed a civil penalty for, or convicted of, any violation of this chapter shall be liable for the cost incurred in storage, care, and maintenance of any living marine resource or other property seized in connection with the violation.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
It is unlawful for any person subject to the jurisdiction of the United States—
(1) to use a high seas fishing vessel on the high seas in contravention of international conservation and management measures described in [section 5504(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5504/e&num=0&edition=prelim);
(2) to use a high seas fishing vessel on the high seas, unless the vessel has on board a valid permit issued under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim);
(3) to use a high seas fishing vessel in violation of the conditions or restrictions of a permit issued under [section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5503&num=0&edition=prelim);
(4) to falsify any information required to be reported, communicated, or recorded pursuant to this chapter or any regulation issued under this chapter, or to fail to submit in a timely fashion any required information, or to fail to report to the Secretary immediately any change in circumstances that has the effect of rendering any such information false, incomplete, or misleading;
(5) to refuse to permit an authorized officer to board a high seas fishing vessel subject to such person’s control for purposes of conducting any search or inspection in connection with the enforcement of this chapter or any regulation issued under this chapter;
(6) to forcibly assault, resist, oppose, impede, intimidate, or interfere with an authorized officer in the conduct of any search or inspection described in paragraph (5);
(7) to resist a lawful arrest or detention for any act prohibited by this section;
(8) to interfere with, delay, or prevent,
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this chapter—
(1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and
(2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high seas.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any high seas fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any living marine resources (or the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by [section 5505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5505&num=0&edition=prelim) (other than an act for which the issuance of a citation under [section 5506 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5506&num=0&edition=prelim) is a sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such living marine resources (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section.
**(b) Jurisdiction of district courts** Any district court of the United States shall have jurisdiction, upon application of the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d).
**(c) Judgment** If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this chapter or for which security has not previously been obtained. The provisions of the customs laws relating to—
(1) the seizure, forfeiture, and condemnation of property for violation of the customs law;
(2) the disposition of such property or the proceeds from the sale thereof; and
(3) the remission or mitigation of any such fo
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Federal law — U.S. Code and appendices · legal_authorities
Page 2548
TITLE 16—CONSERVATION
§ 5506
(4) to falsify any information required to be
reported, communicated, or recorded pursuant
to this chapter or any regulation issued under
this chapter, or to fail to submit in a timely
fashion any required information, or to fail to
report to the Secretary immediately any
change in circumstances that has the effect of
rendering any such information false, incom-
plete, or misleading;
(5) to refuse to permit an authorized officer
to board a high seas fishing vessel subject to
such person’s control for purposes of con-
ducting any search or inspection in connection
with the enforcement of this chapter or any
regulation issued under this chapter;
(6) to forcibly assault, resist, oppose, im-
pede, intimidate, or interfere with an author-
ized officer in the conduct of any search or in-
spection described in paragraph (5);
(7) to resist a lawful arrest or detention for
any act prohibited by this section;
(8) to interfere with, delay, or prevent, by
any means, the apprehension, arrest, or detec-
tion of another person, knowing that such per-
son has committed any act prohibited by this
section;
(9) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, con-
trol, or possession of, any living marine re-
source taken or retained in violation of this
chapter or any regulation or permit issued
under this chapter; or
(10) to violate any provision of this chapter
or any regulation or permit issued under this
chapter.
(Pub. L. 104–43, title I, § 106, Nov. 3, 1995, 109 Stat.
371.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 120 days after Nov. 3, 1995, see sec-
tion 111 of Pub. L. 104–43, set out as a note under sec-
tion 5501 of this title.
§ 5506. Enforc
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