16 USC 5506 - Enforcement provisions

U.S Code last checked for updates: Apr 27, 2024

§ 5506.

Enforcement provisions

(a)

Duties of Secretaries

(b)

District court jurisdiction

(c)

Powers of enforcement officers

(1)

Any officer who is authorized under subsection (a) to enforce the provisions of this chapter may—

(A)

with or without a warrant or other process—

(i)

arrest any person, if the officer has reasonable cause to believe that such person has committed an act prohibited by paragraph (6), (7), (8), or (9) of section 5505 of this title;

(ii)

board, and search or inspect, any high seas fishing vessel;

(iii)

seize any high seas fishing vessel (together with its fishing 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 or any regulation or permit issued under this chapter;

(iv)

seize any living marine resource (wherever found) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by section 5505 of this title;

(v)

seize any other evidence related to any violation of any provision of this chapter or any regulation or permit issued under this chapter;

(B)

execute any warrant or other process issued by any court of competent jurisdiction; and

(C)

exercise any other lawful authority.

(2)

Subject to the direction of the Secretary, a person charged with law enforcement responsibilities by the Secretary who is performing a duty related to enforcement of a law regarding fisheries or other marine resources may make an arrest without a warrant for an offense against the United States committed in his presence, or for a felony cognizable under the laws of the United States, if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony.

(d)

Issuance of citations

(e)

Liability for costs

(Pub. L. 104–43, title I, § 107, Nov. 3, 1995, 109 Stat. 372.)

cite as: 16 USC 5506