42 U.S.C. § 9153: Enforcement

Summary

NOAA’s Administrator must enforce the chapter unless another part says someone else does. The Secretary of the department that runs the Coast Guard is the only one in charge of enforcement actions that affect safety of life and property at sea. The Coast Guard can also use other enforcement powers allowed by other laws and can help NOAA if asked. NOAA and that Secretary can share people, equipment (including ships and aircraft), and facilities from other federal agencies, with or without reimbursement, and can let those agency officers assist. They may make rules together or separately as needed. Officers authorized by NOAA or the Coast Guard can board and inspect any covered facility, ship, plantship, or vessel; search if they have reasonable cause; arrest people covered by section 9151 for crimes under sections 9151 or 9152(d); seize vessels or evidence when needed to stop evasion; execute warrants; and use other lawful authority. Federal district courts have original, exclusive jurisdiction (except as noted in section 9125), with venue rules and special courts for Guam and Pacific territories. Courts may issue restraining orders, process in rem, accept bonds, and take other actions in the interest of justice. “Vessel” includes ocean thermal energy conversion facilities or plantships, and “provisions of this chapter” includes rules, orders, and license terms.

Title 42, §9153

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Enforcement responsibility of Administrator of National Oceanic and Atmospheric Administration; Coast Guard

Except where a specific section of this chapter designates enforcement responsibility, the provisions of this chapter shall be enforced by the Administrator. The Secretary of the department in which the Coast Guard is operating shall have exclusive responsibility for enforcement measures which affect the safety of life and property at sea, shall exercise such other enforcement responsibilities with respect to vessels subject to the provisions of this chapter as are authorized under other provisions of law, and may, upon the specific request of the Administrator, assist the Administrator in the enforcement of any provision of this chapter. The Administrator and the Secretary of the department in which the Coast Guard is operating 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 or department, and may authorize officers or employees of other departments or agencies to provide assistance as necessary in carrying out subsection (b) of this section. The Administrator and the Secretary of the department in which the Coast Guard is operating may issue regulations jointly or severally as may be necessary and appropriate to carry out their duties under this section.

(b)Enforcement activities of authorized officers

To enforce the provisions of this chapter in or on board any ocean thermal energy conversion facility or plantship or any vessel subject to the provisions of this chapter, any officer who is authorized by the Administrator or the Secretary of the department in which the Coast Guard is operating may—

(1)enter or board, and inspect, any ocean thermal energy conversion facility or plantship or any vessel which is subject to the provisions of this chapter;

(2)search the vessel if the officer has reasonable cause to believe that the vessel has been used or employed in the violation of any provision of this chapter;

(3)arrest any person subject to section 9151 of this title if the officer has reasonable cause to believe that the person has committed a criminal act prohibited by section 9151 and 9152(d) of this title;

(4)seize the vessel together with its 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, the violation of any provision of this chapter if such seizure is necessary to prevent evasion of the enforcement of this chapter;

(5)seize any evidence related to any violation of any provision of this chapter;

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

(7)exercise any other lawful authority.

(c)Jurisdiction; venue

Except as otherwise specified in section 9125 of this title, the district courts of the United States shall have exclusive original jurisdiction over any case or controversy arising under the provisions of this chapter. Except as otherwise specified in this chapter, venue shall lie in any district wherein, or nearest to which, the cause of action arose, or wherein any defendant resides, may be found, or has his principal office. In the case of Guam, and any Commonwealth, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii. 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.

(d)Definitions

For the purposes of this section, the term “vessel” includes an ocean thermal energy conversion facility or plantship, and the term “provisions of this chapter” or “provision of this chapter” includes any rule, regulation, or order issued pursuant to this chapter and any term or condition of any license issued pursuant to this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9101 of this title and Tables.

Amendments

1984—Subsec. (b). Pub. L. 98–623 substituted “in or on board any ocean thermal energy conversion facility or plantship or any vessel” for “on board any ocean thermal energy conversion facility or plantship or other vessel” in provisions preceding par. (1). Subsec. (b)(1). Pub. L. 98–623 substituted “enter or board, and inspect, any ocean thermal energy conversion facility or plantship or” for “board and inspect”.

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.

§9153 Enforcement