
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1172]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 24--CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS
 
                       SUBCHAPTER III--ENFORCEMENT
 
Sec. 1172. Practice and procedure


(a) Joint responsibility; designation by Secretary of State officers and 
        employees as Federal law enforcement agents; non-Federal 
        employees for civil service purposes

    Enforcement of the provisions of this chapter is the joint 
responsibility of the Secretary, the Secretary of the Treasury, and the 
Secretary of the department in which the Coast Guard is operating. In 
addition, the Secretary may designate officers and employees of the 
States of the United States to enforce the provisions of this chapter 
which relate to persons or vessels subject to the jurisdiction of the 
United States. When so designated, such officers and employees are 
authorized to function as Federal law enforcement agents for these 
purposes; but they shall not be held and considered as employees of the 
United States for the purpose of any laws administered by the Office of 
Personnel Management.

(b) Issuance of warrants and other process

    The judges of the United States district courts and United States 
magistrate judges may, within their respective jurisdictions, upon 
proper oath or affirmation showing probable cause, issue such warrants 
or other process, including warrants or other process issued in 
admiralty proceedings in Federal district courts, as may be required for 
enforcement of this chapter and any regulations issued thereunder.

(c) Execution of warrants or other process by enforcement agents

    Any person authorized to carry out enforcement activities hereunder 
shall have the power to execute any warrant or process issued by any 
officer or court of competent jurisdiction for the enforcement of this 
chapter.

(d) Arrests and searches by enforcement agents

    Such person so authorized shall have the power--
        (1) with or without a warrant or other process, to arrest any 
    person committing in his presence or view a violation of this 
    chapter or the regulations issued thereunder;
        (2) with a warrant or other process or without a warrant, if he 
    has reasonable cause to believe that a vessel subject to the 
    jurisdiction of the United States or any person onboard is in 
    violation of any provision of this chapter or the regulations issued 
    thereunder, to search such vessel and to arrest such person.

(e) Seizure of vessels and related articles

    Such person so authorized may seize any vessel subject to the 
jurisdiction of the United States, together with its tackle, apparel, 
furniture, appurtenances, cargo, and stores, used or employed contrary 
to the provisions of this chapter or the regulations issued hereunder or 
which it reasonably appears has been used or employed contrary to the 
provisions of this chapter or the regulations issued hereunder.

(f) Seizure and disposition of fur seals

    Such person so authorized may seize, whenever and wherever lawfully 
found, all fur seals taken or retained in violation of this chapter or 
the regulations issued thereunder. Any fur seals so seized or forfeited 
to the United States pursuant to this chapter shall be disposed of in 
accordance with the provisions of section 1155 of this title.

(Pub. L. 89-702, title III, Sec. 302, Nov. 2, 1966, 80 Stat. 1097; Pub. 
L. 98-129, Sec. 2, Oct. 14, 1983, 97 Stat. 844; Pub. L. 101-650, title 
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)


                               Amendments

    1983--Pub. L. 98-129 amended section generally, substituting 
provisions, which were contained in section 1182 of this title, relating 
to practice and procedure in connection with the enforcement of this 
chapter for provisions which had authorized the sale by the Secretary of 
sea otter skins that had been forfeited to or seized by the United 
States.

                         Change of Name

    ``United States magistrate judges'' substituted for ``United States 
magistrates'' in subsec. (b) pursuant to section 321 of Pub. L. 101-650, 
set out as a note under section 631 of Title 28, Judiciary and Judicial 
Procedure.
