16 U.S.C. § 1377 — Enforcement

Page 1785 TITLE 16—CONSERVATION § 1377 veyance seized in connection with the unlawful taking of a marine mammal insofar as such pro- visions of law are applicable and not incon- sistent with the provisions of this subchapter. (b) Penalties Any vessel subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall be liable for a civil penalty of not more than $25,000. Such penalty shall be assessed by the district court of the United States having jurisdiction over the vessel. Clearance of a ves- sel against which a penalty has been assessed, from a port of the United States, may be with- held until such penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a maritime lien on such vessel which may be recovered by action in rem in the district court of the United States having jurisdiction over the vessel. (c) Reward for information leading to conviction Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the fine in- curred but not to exceed $2,500 to any person who furnishes information which leads to a con- viction for a violation of this subchapter. Any officer or employee of the United States or of any State or local government who furnishes in- formation or renders service in the performance of his official duties shall not be eligible for pay- ment under this section. (Pub. L. 92–522, title I, § 106, Oct. 21, 1972, 86 Stat. 1036.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title. § 1377. Enforcement (a) Utilization of personnel Except as otherwise provided in this sub- chapter, the Secretary shall enforce the provi- sions of this subchapter. The Secretary may uti- lize, by agreement, the personnel, services, and facilities of any other Federal agency for pur- poses of enforcing this subchapter. (b) State officers and employees The Secretary may also designate officers and employees of any State or of any possession of the United States to enforce the provisions of this subchapter. When so designated, such offi- cers and employees are authorized to function as Federal law enforcement agents for these pur- poses, but they shall not be held and considered as employees of the United States for the pur- poses of any laws administered by the Director of the Office of Personnel Management. (c) Warrants and other process for enforcement The judges of the district courts of the United States and the United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process, in- cluding warrants or other process issued in ad- miralty proceedings in United States district courts, as may be required for enforcement of this subchapter and any regulations issued thereunder. (d) Execution of process; arrest; search; seizure Any person authorized by the Secretary to en- force this subchapter may execute any warrant or process issued by any officer or court of com- petent jurisdiction for the enforcement of this subchapter. Such a person so authorized may, in addition to any other authority conferred by law— (1) with or without warrant or other process, arrest any person committing in his presence or view a violation of this subchapter or the regulations issued thereunder; (2) with a warrant or other process, or with- out a warrant if he has reasonable cause to be- lieve that a vessel, other conveyance, or con- tainer subject to the jurisdiction of the United States or any person on board is in violation of any provision of this subchapter or the reg- ulations issued thereunder, search such vessel or conveyance and arrest such person; (3) seize the cargo of any vessel or other con- veyance subject to the jurisdiction of the United States used or employed contrary to the provisions of this subchapter or the regu- lations issued hereunder or which reasonably appears to have been so used or employed; and (4) seize, whenever and wherever found, all marine mammals and marine mammals prod- ucts taken or retained in violation of this sub- chapter or the regulations issued thereunder and shall dispose of them, in accordance with regulations prescribed by the Secretary. (e) Disposition of seized cargo (1) Whenever any cargo or marine mammal or marine mammal product is seized pursuant to this section, the Secretary shall expedite any proceedings commenced under section 1375(a) or (b) of this title. All marine mammal or marine mammal products or other cargo so seized shall be held by any person authorized by the Sec- retary pending disposition of such proceedings. The owner or consignee of any such marine mammal or marine mammal product or other cargo so seized shall, as soon as practicable fol- lowing such seizure, be notified of that fact in accordance with regulations established by the Secretary. (2) The Secretary may, with respect to any proceeding under section 1375(a) or (b) of this title, in lieu of holding any marine mammal or marine mammal product or other cargo, permit the person concerned to post bond or other sur- ety satisfactory to the Secretary pending the disposition of such proceeding. (3)(A) Upon the assessment of a penalty pursu- ant to section 1375(a) of this title, all marine mammals and marine mammal products or other cargo seized in connection therewith may be proceeded against in any court of competent jurisdiction and forfeited to the Secretary for disposition by him in such manner as he deems appropriate. (B) Upon conviction for violation of section 1375(b) of this title, all marine mammals and marine mammal products seized in connection therewith shall be forfeited to the Secretary for Page 1786 TITLE 16—CONSERVATION § 1378 1 So in original. Probably should be ‘‘within’’. disposition by him in such manner as he deems appropriate. Any other property or item so seized may, at the discretion of the court, be forfeited to the United States or otherwise dis- posed of. (4) If with respect to any marine mammal or marine mammal product or other cargo so seized— (A) a civil penalty is assessed under section 1375(a) of this title and no judicial action is commenced to obtain the forfeiture of such mammal or product within thirty days after such assessment, such marine mammal or ma- rine mammal product or other cargo shall be immediately returned to the owner or the con- signee; or (B) no conviction results from an alleged violation of section 1375(b) of this title, such marine mammal or marine mammal product or other cargo shall immediately be returned to the owner or consignee if the Secretary does not, with 1 thirty days after the final dis- position of the case involving such alleged vio- lation, commence proceedings for the assess- ment of a civil penalty under section 1375(a) of this title. (Pub. L. 92–522, title I, § 107, Oct. 21, 1972, 86 Stat. 1037; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 109–479, title IX, § 902(c), Jan. 12, 2007, 120 Stat. 3665.) Editorial Notes AMENDMENTS 2007—Subsec. (d)(2). Pub. L. 109–479 substituted ‘‘ves- sel, other conveyance, or container’’ for ‘‘vessel or other conveyance’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in subsec. (c) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. EFFECTIVE DATE Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title. Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘Civil Service Commission’’ in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Manage- ment (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 1378. International program (a) Duties of Secretary The Secretary, through the Secretary of State, shall— (1) initiate negotiations as soon as possible for the development of bilateral or multilat- eral agreements with other nations for the protection and conservation of all marine mammals covered by this chapter; (2) initiate— (A) negotiations as soon as possible with all foreign governments which are engaged in, or which have persons or companies en- gaged in, commercial fishing operations which are found by the Secretary to be un- duly harmful to any species or population stock of marine mammal, for the purpose of entering into bilateral and multilateral treaties with such countries to protect ma- rine mammals, with the Secretary of State to prepare a draft agenda relating to this matter for discussion at appropriate inter- national meetings and forums; (B) discussions with foreign governments whose vessels harvest yellowfin tuna with purse seines in the eastern tropical Pacific Ocean, for the purpose of concluding, through the Inter-American Tropical Tuna Commission or such other bilateral or multi- lateral institutions as may be appropriate, international arrangements for the con- servation of marine mammals taken inciden- tally in the course of harvesting such tuna, which should include provisions for (i) coop- erative research into alternative methods of locating and catching yellowfin tuna which do not involve the taking of marine mam- mals, (ii) cooperative research on the status of affected marine mammal population stocks, (iii) reliable monitoring of the num- ber, rate, and species of marine mammals taken by vessels of harvesting nations, (iv) limitations on incidental take levels based upon the best scientific information avail- able, and (v) the use of the best marine mammal safety techniques and equipment that are economically and technologically practicable to reduce the incidental kill and serious injury of marine mammals to insig- nificant levels approaching a zero mortality and serious injury rate; (C) negotiations to revise the Convention for the Establishment of an Inter-American Tropical Tuna Commission (1 U.S.T. 230; TIAS 2044) which will incorporate— (i) the conservation and management provisions agreed to by the nations which have signed the Declaration of Panama and in the Straddling Fish Stocks and Highly Migratory Fish Stocks Agreement, as opened for signature on December 4, 1995; and (ii) a revised schedule of annual con- tributions to the expenses of the Inter- American Tropical Tuna Commission that is equitable to participating nations; and (D) discussions with those countries par- ticipating, or likely to participate, in the International Dolphin Conservation Pro- gram, for the purpose of identifying sources of funds needed for research and other meas- ures promoting effective protection of dol- phins, other marine species, and the marine ecosystem;