16 USC 773i - Administration and enforcement

U.S Code last checked for updates: May 04, 2024

§ 773i.

Administration and enforcement

(a)

Secretary of Commerce and Secretary of department in which Coast Guard is operating

(b)

Arrest, search and inspection, seizure; execution of warrants or other process

(1)

with or without a warrant or other process—

(A)

arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by section 773e of this title;

(B)

board, and search or inspect, any fishing vessel which is subject to this subchapter;

(C)

at reasonable times enter, and search or inspect, shoreside facilities in which fish taken subject to this subchapter are processed, packed or held;

(D)

seize any 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, an act prohibited by section 773e of this title;

(E)

seize any fish (wherever found) taken or retained in the course of an act prohibited by section 773e of this title, or the proceeds of the sale of such fish; and

(F)

seize any other evidence related to an act prohibited by section 773e of this title;

(2)

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

(3)

exercise any other lawful authority.

(c)

Citation of owner or operator of offending vessel

(d)

United States district court jurisdiction

The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under this subchapter. 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.

(e)

Witnesses; records and files

(f)

Investigations by Secretary of Commerce; powers; process

(1)

In cooperation with such other agencies as may be appropriate, the Secretary may conduct or cause to be conducted such law enforcement investigations as are deemed necessary to carry out the purposes of this subchapter.

(2)

For the purpose of all investigations which, in the opinion of the Secretary, are necessary and proper for the enforcement of this subchapter, the Secretary or any officer designated by him is empowered to administer oaths and affirmations, subpena witnesses, take evidence, and require the production of any books, papers, or other documents which the Secretary deems relevant or material to the inquiry. Such attendance of witnesses and the production of such documentary evidence may be required from any place in the United States at any designated place or hearing.

(3)

Process of the Secretary may be served by anyone duly authorized by him either—

(A)

by delivering a copy thereof to the individual to be served, or to a member of the partnership to be served, or the president, secretary, or other executive officer or a director of the corporation to be served; or the agent designated for service of process;

(B)

by leaving a copy thereof at the residence or the principal office or place of business of such individual, partnership, or corporation; or

(C)

by mailing a copy thereof by registered or certified mail addressed to such individual, partnership, or corporation at his or its residence or principal office or place of business. The verified return by the individual so serving such complaint, order, or other process setting forth the manner of service shall be proof of same, and the returned post office receipt for such complaint, order, or other process mailed by registered or certified mail shall be proof of the service of the same.

(Pub. L. 97–176, § 11, May 17, 1982, 96 Stat. 82.)

cite as: 16 USC 773i