16 U.S.C. § 2409 — Enforcement

Page 2185 TITLE 16—CONSERVATION § 2409 1 So in original. Probably should be ‘‘of the’’. (Pub. L. 95–541, § 9, Oct. 28, 1978, 92 Stat. 2054.) Editorial Notes REFERENCES IN TEXT The Marine Mammal Protection Act of 1972, referred to in subsec. (c), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1361 of this title and Tables. The Endangered Species Act of 1973, referred to in subsec. (c), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The Migratory Bird Treaty Act, referred to in subsec. (c), is act July 3, 1918, ch. 128, 40 Stat. 755, which is clas- sified generally to subchapter II (§ 703 et seq.) of chap- ter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables. § 2409. Enforcement (a) Responsibility The provisions of this chapter and of any regu- lation prescribed, or permit issued, under this chapter shall be enforced by the Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of 1 Interior, and the Secretary of the department in which the Coast Guard is operating. The Director and such Sec- retaries may utilize by agreement, on a reim- bursable basis or otherwise, the personnel, serv- ices, and facilities of any other Federal agency or any State agency in the performance of such duties. (b) Powers of authorized officers Any officer who is authorized (by the Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of the Interior, the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with the Director or any such Sec- retary under subsection (a)) to enforce the pro- visions of this chapter and of any regulation or permit issued under this chapter may— (1) secure, execute, and serve any order, war- rant, subpena, or other process, which is issued under the authority of the United States; (2) search without warrant any person, place, or conveyance where there is reasonable grounds to believe that a person has com- mitted or is attempting to commit an act pro- hibited by section 2403(a) of this title; (3) seize without warrant any evidentiary item where there is reasonable grounds to be- lieve that a person has committed or is at- tempting to commit any such act; (4) offer and pay rewards for services or in- formation which may lead to the apprehension of violators of such provisions; (5) 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; (6) detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying docu- ments, upon importation into, or exportation from, the United States; and (7) make an arrest with or without a warrant with respect to any act prohibited by section 2403(a) of this title if such officer has reason- able grounds to believe that the person to be arrested is committing such act in his pres- ence or view, or has committed such act. (c) Seizure Any property or item seized pursuant to sub- section (b) shall be held by any person author- ized by the Director, the Secretary of the Treas- ury, the Secretary of Commerce, the Secretary of the Interior, or the Secretary of the depart- ment in which the Coast Guard is operating pending the disposition of civil or criminal pro- ceedings, or the institution of an action in rem for forfeiture of such property or item; except that such authorized person may, in lieu of hold- ing such property or item, permit the owner or consignee thereof to post a bond or other satis- factory surety. (d) Forfeiture (1) Any animal or plant with respect to which an act prohibited by section 2403(a) of this title is committed shall be subject to forfeiture to the United States. (2) All guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used in the commission of any act prohibited by section 2403(a) of this title shall be subject to forfeiture to the United States. (3) Upon the forfeiture to the United States of any property or item described in paragraph (1) or (2), or upon the abandonment or waiver of any claim to any such property or item, it shall be disposed of by the Director, the Secretary of the Treasury, the Secretary of Commerce, the Sec- retary of the Interior, or the Secretary of the department in which the Coast Guard is oper- ating, as the case may be, in such a manner, consistent with the purposes of the chapter, as may be prescribed by regulation; except that no native mammal, native bird, or native plant may be disposed of by sale to the public. (e) Application of customs laws All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for vio- lation of the customs laws, the disposition of such vessel or the proceeds from the sale there- of, and the remission or mitigation of such for- feiture, shall apply to the seizures and forfeit- ures incurred, or alleged to have been incurred, under the provision of this chapter, insofar as such provisions of law are applicable and not in- consistent with the provisions of this chapter; except that all powers, rights, and duties con- ferred or imposed by the customs laws upon any officer or employee of the Customs Service may, for the purposes of this chapter, also be exer- cised or performed by the Director, the Sec- retary of Commerce, the Secretary of the Inte- rior, or the Secretary of the department in which the Coast Guard is operating, or by such persons as each may designate. (f) Regulations The Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of the Page 2186 TITLE 16—CONSERVATION § 2410 Interior, and the Secretary of the department in which the Coast Guard is operating may pre- scribe such regulations as may be appropriate to enforce the provisions of this chapter and of any regulation prescribed or permit issued under this chapter, and charge reasonable fees for the expenses of the United States incurred in car- rying out inspections and in transferring, board- ing, handling, or storing native mammals, na- tive birds, native plants, animals and plants not indigenous to Antarctica, and other evidentiary items seized or forfeited under this chapter. (Pub. L. 95–541, § 10, Oct. 28, 1978, 92 Stat. 2055.) 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. § 2410. Jurisdiction of district 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 prescribed, or per- mit issued, under this chapter. (Pub. L. 95–541, § 11, Oct. 28, 1978, 92 Stat. 2056.) § 2411. Federal agency cooperation Each Federal department or agency whose ac- tivities affect Antarctica shall utilize, to the maximum extent practicable, its authorities in furtherance of the purposes of this chapter, and shall cooperate with the Director in carrying out the purposes of this chapter. (Pub. L. 95–541, § 12, Oct. 28, 1978, 92 Stat. 2056.) § 2412. Relationship to existing treaties Nothing in this chapter shall be construed as contravening or superseding the provisions of any international treaty, convention, or agree- ment, if such treaty, convention, or agreement is in force with respect to the United States on October 28, 1978, or of any statute which imple- ments any such treaty, convention, or agree- ment. (Pub. L. 95–541, § 13, Oct. 28, 1978, 92 Stat. 2056.) § 2413. Saving provisions (a) Regulations All regulations promulgated under this chap- ter prior to October 2, 1996, shall remain in ef- fect until superseding regulations are promul- gated under section 2405 of this title. (b) Permits All permits issued under this chapter shall re- main in effect until they expire in accordance with the terms of those permits. (Pub. L. 95–541, § 14, as added Pub. L. 104–227, title I, § 107, Oct. 2, 1996, 110 Stat. 3042.) Editorial Notes PRIOR PROVISIONS A prior section 14 of Pub. L. 95–541, Oct. 28, 1978, 92 Stat. 2057, amended section 1971 of Title 22, Foreign Re- lations and Intercourse, and enacted a provision set out as a note under section 1971 of Title 22 prior to being amended generally by Pub. L. 104–227. CHAPTER 44A—ANTARCTIC MARINE LIVING RESOURCES CONVENTION Sec. 2431. Findings and purpose. 2432. Definitions. 2433. Representatives. 2434. Conservation measures; system of observa- tion and inspection. 2435. Unlawful activities. 2436. Regulations. 2437. Civil penalties. 2438. Criminal offenses. 2439. Enforcement. 2440. Jurisdiction of courts. 2441. Federal agency cooperation. 2442. Relationship to existing treaties and stat- utes. 2443. Authorization of appropriations. 2444. Severability. § 2431. Findings and purpose (a) Findings The Congress finds that— (1) the Convention on the Conservation of Antarctic Marine Living Resources establishes international mechanisms and creates legal obligations necessary for the protection and conservation of Antarctic marine living re- sources; (2) the Convention incorporates an innova- tive ecosystem approach to the management of Antarctic marine living resources, includ- ing standards designed to ensure the health of the individual populations and species and to maintain the health of the Antarctic marine ecosystem as a whole; (3) the Convention serves important United States environmental and resource manage- ment interests; (4) the Convention represents an important contribution to United States long term legal and political objectives of maintenance of Antarctica as an area of peaceful inter- national cooperation; (5) United States basic and directed research programs concerning the marine living re- sources of the Antarctic are essential to achieve the United States goal of effective im-