§1156 — Title 16 Conservation | U.S. Code

Summary

If an authorized official believes a fishing boat from a country in the Convention is breaking the rules in article III, the official may board and search that boat, except inside waters where another country controls the fishery. The official must carry an ID card issued by the Secretary or the head of the department that runs the Coast Guard. The card must be in English, Japanese, and Russian and shown to the ship’s captain if asked. If the official still thinks a law was broken after the search, they may seize the boat or arrest people on board. The Secretary of State must notify the country that has authority over the boat or person as soon as possible. If that country asks, the Secretary or the Coast Guard department must turn over the seized boat or arrested person to that country quickly. If the country cannot take them right away, the United States may hold them on request. If asked by that country, the enforcing official must go to trial as a witness or give a deposition and provide needed records or copies.

Title 16, §1156

Conservation — Source: USLM XML via OLRC

(a)Any person authorized to enforce the provisions of this chapter who has reasonable cause to believe that any vessel outfitted for the harvesting of living marine resources and subject to the jurisdiction of any of the parties to the Convention is violating the provisions of article III of the Convention may, except within the areas in which another State exercises fisheries jurisdiction, board and search such vessel. Such person shall carry a special certificate of identification issued by the Secretary or Secretary of the department in which the Coast Guard is operating which shall be in English, Japanese, and Russian and which shall be exhibited to the master of the vessel upon request.

(b)If, after boarding and searching such vessel, such person continues to have reasonable cause to believe that such vessel, or any person onboard, is violating said article, he may seize such vessel or arrest such person, or both. The Secretary of State shall, as soon as practicable, notify the party having jurisdiction over the vessel or person of such seizure or arrest. The Secretary or the Secretary of the department in which the Coast Guard is operating, upon request of the Secretary of State, shall deliver the seized vessel or arrested person, or both, as promptly as practicable to the authorized officials of said party: Provided, That whenever said party cannot immediately accept such delivery, the Secretary or the Secretary of the department in which the Coast Guard is operating may, upon the request of the Secretary of State, keep the vessel or person in custody within the United States.

(c)At the request of said party, the Secretary or the Secretary of the department in which the Coast Guard is operating, shall direct the person authorized to enforce the provisions of this chapter to attend the trial as a witness in any case arising under said article or give testimony by deposition, and shall produce such records and files or copies thereof as may be necessary to establish the offense.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Pub. L. 98–129 amended section generally, substituting provisions setting out

Enforcement

steps, which were previously contained in section 1155 of this title, for provisions establishing the North Pacific Fur Seal Commission. See section 1157 of this title.

Statutory Notes and Related Subsidiaries

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.

§1156 Enforcement Provisions