§916g Enforcement

Summary

Authorized federal enforcement officers (for example, Commerce Department agents, Coast Guard officers, U.S. marshals, customs officers, and others given enforcement power) may, under the international whaling convention, arrest without a warrant anyone they see breaking the convention, this law, or related regulations. They may also, without a warrant, search U.S. vessels or land stations if they have good reason to think illegal whaling is happening. They can execute warrants, and with a search warrant can search any vessel, person, or place at any time. Federal judges and magistrate judges may issue those warrants if a sworn statement shows probable cause. These officers may seize whales or whale products taken or held illegally, and seized items cannot be sold or destroyed except by court order, subsection (b), or Commerce rules for perishable goods. Notwithstanding section 2464 of title 28, if a warrant or in rem process is issued, the marshal must halt the action or return seized property if the claimant posts a bond for double the property’s value with surety approved by a district judge. The bond must promise to deliver the property if condemned or to pay its value; the court can enforce the bond against the principal and sureties for any breach.