16 U.S.C. § 1156 — Enforcement provisions

Page 1638 TITLE 16—CONSERVATION § 1156 1 So in original. Probably should be ‘‘travel’’. Editorial Notes AMENDMENTS 1983—Pub. L. 98–129 amended section generally, sub- stituting provisions delineating the authority of the Secretary of Commerce, which were previously con- tained in sections 1154 and 1185 of this title, for provi- sions which had set out enforcement steps. See section 1156 of this title. § 1156. Enforcement provisions (a) Search of vessels; certificate of identification; exhibition to master Any person authorized to enforce the provi- sions of this chapter who has reasonable cause to believe that any vessel outfitted for the har- vesting of living marine resources and subject to the jurisdiction of any of the parties to the Con- vention is violating the provisions of article III of the Convention may, except within the areas in which another State exercises fisheries juris- diction, board and search such vessel. Such per- son shall carry a special certificate of identifica- tion issued by the Secretary or Secretary of the department in which the Coast Guard is oper- ating which shall be in English, Japanese, and Russian and which shall be exhibited to the master of the vessel upon request. (b) Seizure; arrest; notice; delivery of vessel or person to authorized officials; custody If, after boarding and searching such vessel, such person continues to have reasonable cause to believe that such vessel, or any person on- board, is violating said article, he may seize such vessel or arrest such person, or both. The Secretary of State shall, as soon as practicable, notify the party having jurisdiction over the vessel or person of such seizure or arrest. The Secretary or the Secretary of the depart- ment in which the Coast Guard is operating, upon request of the Secretary of State, shall de- liver the seized vessel or arrested person, or both, as promptly as practicable to the author- ized officials of said party: Provided, That when- ever said party cannot immediately accept such delivery, the Secretary or the Secretary of the department in which the Coast Guard is oper- ating may, upon the request of the Secretary of State, keep the vessel or person in custody with- in the United States. (c) Testimony of enforcement agents At the request of said party, the Secretary or the Secretary of the department in which the Coast Guard is operating, shall direct the person authorized to enforce the provisions of this chapter to attend the trial as a witness in any case arising under said article or give testimony by deposition, and shall produce such records and files or copies thereof as may be necessary to establish the offense. (Pub. L. 89–702, title I, § 106, Nov. 2, 1966, 80 Stat. 1092; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 837.) Editorial Notes AMENDMENTS 1983—Pub. L. 98–129 amended section generally, sub- stituting provisions setting out enforcement steps, which were previously contained in section 1155 of this title, for provisions establishing the North Pacific Fur Seal Commission. See section 1157 of this title. 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. § 1157. North Pacific Fur Seal Commission; ap- pointment of United States Commissioner, Deputy Commissioner, and Advisors; duties, compensation, and travel expenses The President shall appoint to the Commis- sion a United States Commissioner who shall serve at the pleasure of the President. The President may appoint one Native from each of the two inhabited Pribilof Islands to serve as Advisors to the Commissioner and as liaisons between the Commissioner and the Natives of the Pribilof Islands. The President may also ap- point other interested parties as Advisors to the Commissioner. Such Advisors shall serve at the pleasure of the President. The President may also appoint a Deputy United States Commis- sioner who shall serve at the pleasure of the President. The Deputy Commissioner shall be the principal adviser of the Commissioner, and shall perform the duties of the Commissioner in the case of his death, resignation, absence, or illness. The Commissioner, the Deputy Commis- sioner, and the Advisors shall receive no com- pensation for their services. The Commissioners may be paid traval 1 expenses and per diem in lieu of subsistence at the rates authorized by section 5703 of title 5 when engaged in the per- formance of their duties. (Pub. L. 89–702, title I, § 107, Nov. 2, 1966, 80 Stat. 1093; Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 838.) Editorial Notes CODIFICATION ‘‘Section 5703 of title 5’’ substituted in text for ‘‘sec- tion 5 of the Administrative Expense Act of 1946’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Govern- ment Organization and Employees. AMENDMENTS 1983—Pub. L. 98–129 amended section generally, sub- stituting provisions establishing the North Pacific Fur Seal Commission, which were previously contained in section 1156 of this title, for provisions empowering the Secretaries of State and Commerce to accept or reject recommendations made by the Commission. See sec- tion 1158 of this title. Statutory Notes and Related Subsidiaries ALTERNATE UNITED STATES COMMISSIONERS Secretary of State authorized to designate Alternate United States Commissioners, see sections 2672a and 2672b of Title 22, Foreign Relations and Intercourse.