16 U.S.C. § 959 : US Code - Section 959: Enforcement of chapter

Search 16 U.S.C. § 959 : US Code - Section 959: Enforcement of chapter

(a) Issuance of process
The judges of the United States district courts and United States
magistrate judges may, within their respective jurisdictions, upon
proper oath or affirmation showing probable cause, issue such
warrants or other process as may be required for enforcement of
this chapter and the regulations issued pursuant thereto.
(b) Federal law enforcement agents
Enforcement of the provisions of this chapter and the regulations
issued pursuant thereto shall be the joint responsibility of the
United States Coast Guard, the United States Department of
Commerce, and the United States Customs Service. In addition, the
Secretary of Commerce may designate officers and employees of the
States of the United States, of the Commonwealth of Puerto Rico,
and of American Samoa to carry out enforcement activities
hereunder. When so designated, such officers and employees are
authorized to function as Federal law enforcement agents for these
purposes.
(c) Execution of process
Any person authorized to carry out enforcement activities
hereunder shall have the power to execute any warrant or process
issued by any officer or court of competent jurisdiction for the
enforcement of this chapter.
(d) Arrests
Such person so authorized shall have the power -
(1) with or without a warrant or other process, to arrest any
persons subject to the jurisdiction of the United States at any
place within the jurisdiction of the United States committing in
his presence or view a violation of this chapter or the
regulations issued thereunder;
(2) with or without a warrant or other process, to search any
vessel subject to the jurisdiction of the United States, and, if
as a result of such search he has reasonable cause to believe
that such vessel or any person on board is engaging in operations
in violation of the provisions of this chapter or the regulations
issued thereunder, then to arrest such person.
(e) Seizures and disposition of fish
Such person so authorized may seize, whenever and wherever
lawfully found, all fish taken or retained in violation of the
provisions of this chapter or the regulations issued pursuant
thereto. Any fish so seized may be disposed of pursuant to the
order of a court of competent jurisdiction, pursuant to the
provisions of subsection (f) of this section or, if perishable, in
a manner prescribed by regulations of the Secretary of Commerce.
(f) Security
Notwithstanding the provisions of section 2464 of title 28, when
a warrant of arrest or other process in rem is issued in any cause
under this section, the marshal or other officer shall stay the
execution of such process, or discharge any fish seized if the
process has been levied, on receiving from the claimant of the fish
a bond or stipulation for the value of the property with sufficient
surety to be approved by a judge of the district court having
jurisdiction of the offense, conditioned to deliver the fish
seized, if condemned, without impairment in value or, in the
discretion of the court, to pay its equivalent value in money or
otherwise to answer the decree of the court in such cause. Such
bond or stipulation shall be returned to the court and judgment
thereon against both the principal and sureties may be recovered in
event of any breach of the conditions thereof as determined by the
court. In the discretion of the accused, and subject to the
direction of the court, the fish may be sold for not less than its
reasonable market value and the proceeds of such sale placed in the
registry of the court pending judgment in the case.