PRIA Logo™
Take the PRIA Score
Title 16 — ConservationRelease 119-73

§916g Enforcement

Title 16 › Chapter CHAPTER 14— - REGULATION OF WHALING › Subchapter SUBCHAPTER II— - WHALING CONVENTION ACT › § 916g

Last updated Apr 6, 2026|Official source

Summary

Federal officers who are allowed to enforce the whaling rules — like Commerce agents, Coast Guard officers, U.S. marshals, customs officers, or others given that power — can arrest someone they see breaking those rules. They can also board and search a U.S. vessel or land station without a warrant if they have good reason to think illegal whaling is happening. Those officers can carry out warrants issued by a court, and with a search warrant they may search a person, place, or vessel at any time. District court judges and magistrate judges can issue those warrants when an oath shows probable cause. Officers may seize any whales or whale products taken or kept illegally, and seized items cannot be sold or disposed of except by a court order or as allowed for perishable items by Commerce rules. If a legal action is started against seized property, the marshal must pause the case or return the property if the claimant posts a bond for double the property’s value. The bond must have a surety a district judge approves and must promise to give up the property if the court condemns it or to pay its value. The bond is filed with the court, and the court can collect from the person who posted it and the surety if they break that promise.

Full Legal Text

Title 16, §916g

Conservation — Source: USLM XML via OLRC

(a)Any duly authorized enforcement officer or employee of the Department of Commerce; any Coast Guard officer; any United States marshal or deputy United States marshal; any customs officer; and any other person authorized to enforce the provisions of the convention, the regulations of the Commission, this subchapter, and the regulations of the Secretary of Commerce, shall have power, without warrant or other process but subject to the provisions of the convention, to arrest any person subject to the jurisdiction of the United States committing in his presence or view a violation of the convention or of this subchapter, or of the regulations of the Commission, or of the regulations of the Secretary of Commerce and to take such person immediately for examination before a justice or judge or any other official designated in section 3041 of title 18; and shall have power, without warrant or other process, to search any vessel subject to the jurisdiction of the United States or land station when he has reasonable cause to believe that such vessel or land station is engaged in whaling in violation of the provisions of the convention or this subchapter or the regulations of the Commission, or the regulations of the Secretary of Commerce. Any person authorized to enforce the provisions of the convention, this subchapter, the regulations of the Commission, or the regulations of the Secretary of Commerce shall have power to execute any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of this subchapter, and shall have power with a search warrant to search any vessel, person, or place at any time. The judges of the United States district courts and the United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. Subject to the provisions of the convention, any person authorized to enforce the convention, this subchapter, the regulations of the Commission, and the regulations of the Secretary of Commerce may seize, whenever and wherever lawfully found, all whales or whale products taken, processed, or possessed contrary to the provisions of the convention, of this subchapter of the regulations of the Commission, or of the regulations of the Secretary of Commerce. Any property so seized shall not be disposed of except pursuant to the order of a court of competent jurisdiction or the provisions of subsection (b) of this section, or, if perishable, in the manner prescribed by regulations of the Secretary of Commerce.
(b)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 property seized if the process has been levied, on receiving from the claimant of the property a bond or stipulation for double the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction, conditioned to deliver the property 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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judges” substituted for “United States magistrates” in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “United States magistrates” substituted for “United States commissioners” in subsec. (a) pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. United States Fish and Wildlife Service, consisting of Bureau of Commercial Fisheries and Bureau of Sport Fisheries and Wildlife, succeeded and replaced Fish and Wildlife Service of Department of the Interior under provisions of Fish and Wildlife Act of 1956, as originally provided in section 742b(a) and (d) of this title.

Executive Documents

Transfer of Functions

In subsec. (a), “Department of Commerce” substituted for “United States Fish and Wildlife Service of the Department of the Interior” and “Secretary of Commerce” for “Secretary of the Interior”, see note set out under section 916 of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 916g

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73