16 U.S.C. § 773i: Administration and enforcement

Summary

The Secretary of Commerce and the head of the department that runs the Coast Guard must enforce the Convention, these rules, and any regulations made under them. They can use people, equipment, and facilities from other federal or state agencies to help. Officers authorized by them can arrest people they have good reason to suspect of breaking the law, board and search fishing boats, inspect shore facilities where fish are handled, and seize boats, gear, fish, money from sales, or other evidence tied to illegal acts. Those officers can also carry out court warrants and use any other legal powers needed. Instead of taking stronger action, an officer can give a citation to the owner or operator of an offending vessel. If the vessel has a permit, the officer must note the citation date and reason on that permit, and the Secretary must keep a record of all such citations. Only U.S. district courts handle cases under these rules. These courts can issue restraining orders, warrants, in rem process, set or accept bonds, and take other steps to serve justice. The United States can help Canadian authorities by sending witnesses and records when asked. The Secretary of Commerce can run investigations, subpoena witnesses, take testimony, and demand documents. Official papers from the Secretary can be served by hand, left at a person’s home or main office, or sent by registered or certified mail, with proof of how they were served.

Title 16, §773i

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(a)Secretary of Commerce and Secretary of department in which Coast Guard is operating

The Convention, this subchapter, and any regulation adopted under this subchapter, shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries 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, and of any State agency, in the performance of such duties.

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

Any officer who is authorized by the Secretary, the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with such Secretaries under subsection (a) to enforce the Convention, this subchapter or any regulation adopted under this subchapter may—

(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

If any officer authorized to enforce this subchapter (as provided for in this section) finds that a fishing vessel is operating or has been operated in the commission of an act prohibited by section 773e of this title, such officer may, in accordance with regulations issued jointly by the Secretary and the Secretary of the department in which the Coast Guard is operating, issue a citation to the owner or operator of such vessel in lieu of proceeding under subsection (b). If a permit has been issued pursuant to this subchapter for such vessel, such officer shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. The Secretary shall maintain a record of all citations issued pursuant to this subsection.

(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

When requested by the appropriate authorities of Canada, officers or employees of the Coast Guard, the National Oceanic and Atmospheric Administration or any other agency of the United States may be directed to attend as a witness, and to produce such available records and files or duly certified copies thereof as may be necessary for the prosecution in Canada of any violation of the Convention or any Canadian law relating to the enforcement thereof.

(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.

Notes & Related Subsidiaries

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.

§773i Administration and Enforcement

Summary

Title 16, §773i

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

Citations & Metadata