16 U.S.C. § 5008

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 5008 - Enforcement provisions

(a) Duties of Secretaries of Commerce and Transportation

This chapter shall be enforced by the Secretary of Commerce and the Secretary of Transportation. Such Secretaries may by agreement utilize, on a reimbursable basis or otherwise, the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, including all elements of the Department of Defense, and of any State agency, in the performance of such duties. Such Secretaries shall, and the head of any Federal or State agency that has entered into an agreement with either such Secretary under the preceding sentence may (if the agreement so provides), authorize officers to enforce the provisions of the Convention, this chapter, and regulations issued under this chapter. Any such agreement or contract entered into pursuant to this section shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.

(b) District court jurisdiction

The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter.

(c) Powers of enforcement officers

Authorized officers may, shoreward of the outer boundary of the exclusive economic zone, or during hot pursuit from the zone-

(1) with or without a warrant or other process-

(A) arrest any person, if the officer has reasonable cause to believe that such person has committed an act prohibited by section 5009 of this title;

(B) board, and search or inspect, any fishing vessel subject to the provisions of the Convention and this chapter;

(C) 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, the violation of any provision of the Convention, this chapter, or regulations issued under this chapter;

(D) seize any fish (wherever found) taken or retained in violation of any provision referred to in subparagraph (C);

(E) seize any other evidence related to any violation of any provision referred to in subparagraph (C);

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

(3) exercise any other lawful authority.

(d) Additional powers

(1) An authorized officer may in the Convention area-

(A) board a vessel of any Party that reasonably can be believed to be engaged in directed fishing for, incidental taking of, or processing of anadromous fish, and, without warrant or process, inspect equipment, logs, documents, catch, and other articles, and question persons, on board the vessel, for the purpose of carrying out the provisions of the Convention, this chapter, or any regulation issued under this chapter; and

(B) If¹ any such vessel or person on board is actually engaged in operations in violation of any such provision, or there is reasonable ground to believe any person or vessel was obviously so engaged before the boarding of such vessel by the authorized officer, arrest or seize such person or vessel and further investigate the circumstance if necessary.

If an authorized officer, after boarding and investigation, has reasonable cause to believe that any such fishing vessel or person engaged in operations in violation of any provision referred to in subparagraph (A), the officer shall deliver the vessel or person as promptly as practicable to the enforcement officers of the appropriate Party, in accordance with the provisions of the Convention.

(2) When requested by the appropriate authorities of a Party, an authorized officer 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 by that Party of any violation of the provisions of the Convention or any law of that Party relating to the enforcement thereof.

¹So in original. Probably should not be capitalized.

16 U.S.C. § 5008

Pub. L. 102-567, title VIII, §809, Oct. 29, 1992, 106 Stat. 4312; Pub. L. 102-587, title VIII, §80098009,, 106 Stat. 5101; Pub. L. 106-562, title III, §304(a), Dec. 23, 2000, 114 Stat. 2806.

EDITORIAL NOTES

CODIFICATIONTitle VIII of Pub. L. 102-567 and Pub. L. 102-587 enacted substantially identical sections. Title VIII of Pub. L. 102-587 was repealed by Pub. L. 106-562.

Anadromous fish: "Anadromous fish" means fish of the species listed in the Annex to the Convention that migrate into the Convention area.
Authorized officer: "Authorized officer" means a law enforcement official authorized to enforce this chapter under section 5008(a) of this title.
Convention area: "Convention area" means the waters of the North Pacific Ocean and its adjacent seas, north of 33 degrees North Latitude,1 beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.
Convention: "Convention" means the Convention for the Conservation of Anadromous Stocks of the North Pacific Ocean, signed in Moscow, February 11, 1992.
Directed fishing: "Directed fishing" means fishing targeted at a particular species or stock of fish.
Exclusive economic zone: "Exclusive economic zone" means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this chapter, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States.
Fish: "Fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds.
Fishing vessel: "Fishing vessel" means-(A) any vessel engaged in catching fish within the Convention area or in processing or transporting fish loaded in the Convention area;(B) any vessel outfitted to engage in any activity described in subparagraph (A);(C) any vessel supporting a vessel described in subparagraph (A) or (B).
Fishing: "Fishing" means-(A) the catching, taking, or harvesting of fish, or any other activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; or(B) any operation at sea in preparation for or in direct support of any activity described in subparagraph (A).
Incidental taking: "Incidental taking" means catching, taking, or harvesting a species or stock of fish while conducting directed fishing for another species or stock of fish.
Party: "Party" means Canada, Japan, the Russian Federation, the United States, and any other nation that may accede to the Convention.
Secretary: "Secretary" means the Secretary of State.