16 U.S.C. § 2439 — Enforcement

Page 2190 TITLE 16—CONSERVATION § 2439 1 So in original. Probably should be ‘‘or’’. (b) Punishment Any offense described in subsection (a) is pun- ishable by a fine of $50,000, or imprisonment for not more than ten years, or both. (c) Offenses under other laws A conviction under subsection (a) for any act shall not be deemed to preclude a conviction for such act under any other law. (Pub. L. 98–623, title III, § 309, Nov. 8, 1984, 98 Stat. 3403.) § 2439. Enforcement (a) Responsibility The provisions of this chapter shall be en- forced by the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may utilize by agreement, on a reimbursable basis or other- wise, the personnel, services, and facilities of any other department or agency of the United States in the performance of such duties. (b) Powers of authorized officers and employees Any officer or employee of the United States who is authorized (by the Secretary of Com- merce, the Secretary of the department in which the Coast Guard is operating, or the head of any department or agency of the United States which has entered into an agreement with either Secretary under subsection (a)) to enforce the provisions of this chapter and of any regulation promulgated under this chapter may, in enforc- ing such provisions— (1) secure, execute, and serve any order, war- rant, subpoena, or other process, which is issued under the authority of the United States; (2) search without warrant any person, place, vehicle or aircraft subject to the juris- diction of the United States where there are reasonable grounds to believe that a person has committed or is attempting to commit an act prohibited by section 2435 of this title; (3) with or without a warrant board and search or inspect any vessel of the United States or vessel subject to the jurisdiction of the United States; (4) seize without warrant— (A) any evidentiary item where there are reasonable grounds to believe that a person has committed or is attempting to commit an act prohibited by section 2435 of this title, (B) any Antarctic marine living resources (or part of 1 product thereof) with respect to which such an act is committed, (C) any vessel of the United States (includ- ing its gear, furniture, appurtenances, stores, and cargo), any vessel subject to the jurisdiction of the United States (including its gear, furniture, appurtenances, stores, and cargo), and any vehicle, aircraft, or other means of transportation subject to the jurisdiction of the United States used in connection with such an act, and (D) any guns, traps, nets, or equipment used in connection with such an act; (5) offer and pay rewards for services or in- formation which may lead to the apprehension of persons violating such provisions; (6) make inquiries, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter which is re- lated to the enforcement of such provisions; (7) in coordination with the Secretary of the Treasury, detain for inspection and inspect any package, crate, or other container, includ- ing its contents, and all accompanying docu- ments, upon importation into, or exportation from, the United States; (8) make an arrest with or without a warrant with respect to any act prohibited by para- graph (4), (5), (6), or (7) of section 2435 of this title if such officer or employee has reasonable grounds to believe that the person to be ar- rested is committing such act in his or her presence or view or has committed such act; (9) exercise enforcement powers conferred on such officer or employee under a system of ob- servation and inspection, or interim arrange- ments pending the establishment of such a system, which the Secretary of State has agreed to on behalf of the United States pursu- ant to section 2434(b) of this title; and (10) exercise any other authority which such officer or employee is permitted by law to ex- ercise. (c) Seizure Subject to the succeeding provisions of this subsection, any property or item seized pursuant to subsection (b) shall be held by any officer or employee of the United States, who is author- ized by the Secretary of Commerce or the Sec- retary of the department in which the Coast Guard is operating, pending the disposition of civil or criminal proceedings concerning the vio- lation relating to the property or item, or the institution of an action in rem for the forfeiture of such property or item. Such authorized offi- cer or employee may, upon the order of a court of competent jurisdiction, either release such seized property or item to the wild or destroy such property or item, when the cost of mainte- nance of the property or item pending the dis- position of the case is greater than the legiti- mate market value of the property or item. Such authorized officer or employee and all offi- cers or employees acting by or under his or her direction shall be indemnified from any pen- alties or actions for damages for so releasing or destroying such property or item. Such author- ized officer or employee may, in lieu of holding such property or item, permit the owner or con- signee thereof to post a bond or other satisfac- tory surety. (d) Forfeiture (1) Any Antarctic marine living resource (or part or product thereof) with respect to which an act prohibited by section 2435 of this title is committed, any vessel of the United States (in- cluding its gear, furniture, appurtenances, stoves, and cargo), vessel subject to the jurisdic- tion of the United States (including its gear, furniture, appurtenances, stoves, and cargo), or vessel, vehicle, or aircraft or other means of transportation subject to the jurisdiction of the United States, which is used in connection with Page 2191 TITLE 16—CONSERVATION § 2441 an act prohibited by section 2435 of this title, and all guns, traps, nets, and other equipment used in connection with such act, shall be sub- ject to forfeiture to the United States. (2) Upon the forfeiture to the United States of any property or item described in paragraph (1), or upon the abandonment or waiver of any claim to any such property or item, it shall be dis- posed of by the Secretary of Commerce, or the Secretary of the department in which the Coast Guard is operating, as the case may be, in such a manner, consistent with the purposes of this chapter, as may be prescribed by regulation. (e) Application of customs laws All provisions of law relating to the seizure, forfeiture, and condemnation of property (in- cluding vessels) for violation of the customs laws, the disposition of such property or the pro- ceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, and the compromise of claims, under the provisions of this chapter, in- sofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter; except that all powers, rights, and du- ties conferred or imposed by the customs laws upon any officer or employee of the Customs Service may, for the purposes of this chapter, also be exercised or performed by the Secretary of Commerce or the Secretary of the department in which the Coast Guard is operating, or by such officers or employees of the United States as each Secretary may designate. (Pub. L. 98–623, title III, § 310, Nov. 8, 1984, 98 Stat. 3403.) Statutory Notes and Related Subsidiaries 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization 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 li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated 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 Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 2440. Jurisdiction of courts The district courts of the United States shall have exclusive jurisdiction over any case or con- troversy arising under the provisions of this chapter or of any regulation promulgated under this chapter. (Pub. L. 98–623, title III, § 311, Nov. 8, 1984, 98 Stat. 3405.) § 2441. Federal agency cooperation (a) Responsibilities (1) For the purpose of carrying out the policies and objectives of the Convention or to imple- ment any decision of the Commission— (A) the Director of the National Science Foundation, in consultation with the Sec- retary of State and the heads of other appro- priate departments and agencies of the United States, shall continue to support basic re- search investigations of the Antarctic marine ecosystem as a part of the United States Ant- arctic Program; (B) the Secretary of Commerce, in consulta- tion with the Director of the National Science Foundation, the Secretary of State and the heads of other appropriate Federal agencies, shall design and conduct the program of di- rected scientific research as set forth in para- graph 2 supplemental to and coordinated with the United States Antarctic Program; and (C) the Secretary of Commerce and the Di- rector of the National Science Foundation, in consultation with the Secretary of State, may furnish facilities and personnel to the Com- mission in order to assist the Commission in carrying out its functions. (2)(A) The Secretary of Commerce, in con- sultation with the Secretary of State, the Direc- tor of the National Science Foundation, and other appropriate Federal officials, shall prepare a plan, which shall be updated annually, for con- ducting the directed research program required under paragraph (1)(B) for each period of three consecutive fiscal years occurring during the pe- riod beginning on October 1, 1985, and ending on September 30, 1991. The plan shall— (i) describe priority directed research needs for the implementation of the Convention; (ii) identify which of those needs are to be fulfilled by the United States; and (iii) specify the design of the research re- ferred to in paragraph (1)(B) and the funds, personnel, and facilities required for the re- search, including, in particular, the need for the cost of enhanced ship capacity. (B) In preparing the plan referred to in sub- paragraph (A), the Secretary of Commerce shall take into account, in addition to any other mat- ters the Secretary considers appropriate, the possibilities of securing productive results, the minimization of duplication, and the methods for monitoring and evaluating a project. (C) The Secretary of Commerce shall submit to the Congress each year the plan required under subparagraph (A). That part of the plan covering fiscal years 1986 through 1988 shall be submitted not later than October 1, 1985. That part of the plan covering each 3-fiscal-year pe- riod thereafter shall be submitted not later than the February 1 occurring before the beginning of the first fiscal year covered by that part of the plan. (b) Consultation with other agencies In carrying out their functions under this sec- tion, the Secretary of State, the Secretary of Commerce, and the Director of the National Science Foundation shall consult, as appro- priate, with the Marine Mammal Commission