16 U.S.C. § 972g : US Code - Section 972G: Enforcement

Search 16 U.S.C. § 972g : US Code - Section 972G: Enforcement

(a) Warrants
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 under section 972e of this
title.
(b) Joint responsibility for enforcement
The enforcement of this chapter and the regulations issued under
section 972e of this title shall be the joint responsibility of the
department in which the Coast Guard is operating, the 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 under
this section. When so designated, such officers and employees may
function as Federal law enforcement agents for these purposes.
(c) Execution of warrants and process
An individual authorized to carry out enforcement activities
under this section has power to execute any warrant or process
issued by any officer or court of competent jurisdiction for the
enforcement of this chapter.
(d) Arrest; search
An individual so authorized to carry out enforcement activities
under this section has power -
(1) with or without a warrant or other process, to arrest any
person 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 under section 972e of this title;
(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 the search he has reasonable cause to believe that
such vessel or any individual on board is engaging in operations
in violation of this chapter or any regulation issued thereunder
to arrest such person.
(e) Seizure
An individual authorized to enforce this chapter may seize,
whenever or wherever lawfully found, all species of designated tuna
taken or retained in violation of this chapter or the regulations
issued under section 972e of this title. Any species so seized may
be disposed of pursuant to the order of a court of competent
jurisdiction, under subsection (f) of this section or, if
perishable, in a manner prescribed by regulations of the Secretary
of Commerce.
(f) Bond or stipulation for value of the property
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 species of designated
tuna seized if the process has been levied, on receiving from the
claimant of the species 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 species 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 species 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.