42 U.S.C. § 9153 : US Code - Section 9153: Enforcement

Search 42 U.S.C. § 9153 : US Code - Section 9153: Enforcement

(a) Enforcement responsibility of Administrator of National Oceanic
and Atmospheric Administration; Coast Guard
Except where a specific section of this chapter designates
enforcement responsibility, the provisions of this chapter shall be
enforced by the Administrator. The Secretary of the department in
which the Coast Guard is operating shall have exclusive
responsibility for enforcement measures which affect the safety of
life and property at sea, shall exercise such other enforcement
responsibilities with respect to vessels subject to the provisions
of this chapter as are authorized under other provisions of law,
and may, upon the specific request of the Administrator, assist the
Administrator in the enforcement of any provision of this chapter.
The Administrator and the Secretary of the department in which the
Coast Guard is operating may, by agreement, on a reimbursable basis
or otherwise, utilize the personnel, services, equipment, including
aircraft and vessels, and facilities of any other Federal agency or
department, and may authorize officers or employees of other
departments or agencies to provide assistance as necessary in
carrying out subsection (b) of this section. The Administrator and
the Secretary of the department in which the Coast Guard is
operating may issue regulations jointly or severally as may be
necessary and appropriate to carry out their duties under this
section.
(b) Enforcement activities of authorized officers
To enforce the provisions of this chapter in or on board any
ocean thermal energy conversion facility or plantship or any vessel
subject to the provisions of this chapter, any officer who is
authorized by the Administrator or the Secretary of the department
in which the Coast Guard is operating may -
(1) enter or board, and inspect, any ocean thermal energy
conversion facility or plantship or any vessel which is subject
to the provisions of this chapter;
(2) search the vessel if the officer has reasonable cause to
believe that the vessel has been used or employed in the
violation of any provision of this chapter;
(3) arrest any person subject to section 9151 of this title if
the officer has reasonable cause to believe that the person has
committed a criminal act prohibited by sections 9151 and 9152(d)
of this title;
(4) seize the vessel together with its gear, furniture,
appurtenances, stores, and cargo, used or employed in, or with
respect to which it reasonably appears that such vessel was used
or employed in, the violation of any provision of this chapter if
such seizure is necessary to prevent evasion of the enforcement
of this chapter;
(5) seize any evidence related to any violation of any
provision of this chapter;
(6) execute any warrant or other process issued by any court of
competent jurisdiction; and
(7) exercise any other lawful authority.
(c) Jurisdiction; venue
Except as otherwise specified in section 9125 of this title, the
district courts of the United States shall have exclusive original
jurisdiction over any case or controversy arising under the
provisions of this chapter. Except as otherwise specified in this
chapter, venue shall lie in any district wherein, or nearest to
which, the cause of action arose, or wherein any defendant resides,
may be found, or has his principal office. In the case of Guam, and
any Commonwealth, territory, or possession of the United States in
the Pacific Ocean, the appropriate court is the United States
District Court for the District of Guam, except that in the case of
American Samoa, the appropriate court is the United States District
Court for the District of Hawaii. Any such court may, at any time -

(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other security;
and
(4) take such other actions as are in the interest of justice.
(d) Definitions
For the purposes of this section, the term "vessel" includes an
ocean thermal energy conversion facility or plantship, and the term
"provisions of this chapter" or "provision of this chapter"
includes any rule, regulation, or order issued pursuant to this
chapter and any term or condition of any license issued pursuant to
this chapter.