
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC916g]

 
                         TITLE 16--CONSERVATION
 
                    CHAPTER 14--REGULATION OF WHALING
 
                  SUBCHAPTER II--WHALING CONVENTION ACT
 
Sec. 916g. Enforcement


(a) Enforcement officers; arrests; search and seizure of vessels; 
        disposal of property

    Any duly authorized enforcement officer or employee of the 
Department of Commerce; any Coast Guard officer; any United States 
marshal or deputy United States marshal; any customs officer; and any 
other person authorized to enforce the provisions of the convention, the 
regulations of the Commission, this subchapter, and the regulations of 
the Secretary of Commerce, shall have power, without warrant or other 
process but subject to the provisions of the convention, to arrest any 
person subject to the jurisdiction of the United States committing in 
his presence or view a violation of the convention or of this 
subchapter, or of the regulations of the Commission, or of the 
regulations of the Secretary of Commerce and to take such person 
immediately for examination before a justice or judge or any other 
official designated in section 3041 of title 18; and shall have power, 
without warrant or other process, to search any vessel subject to the 
jurisdiction of the United States or land station when he has reasonable 
cause to believe that such vessel or land station is engaged in whaling 
in violation of the provisions of the convention or this subchapter or 
the regulations of the Commission, or the regulations of the Secretary 
of Commerce. Any person authorized to enforce the provisions of the 
convention, this subchapter, the regulations of the Commission, or the 
regulations of the Secretary of Commerce shall have power to execute any 
warrant or process issued by an officer or court of competent 
jurisdiction for the enforcement of this subchapter, and shall have 
power with a search warrant to search any vessel, person, or place at 
any time. The judges of the United States district courts and the United 
States magistrate judges may, within their respective jurisdictions, 
upon proper oath or affirmation showing probable cause, issue warrants 
in all such cases. Subject to the provisions of the convention, any 
person authorized to enforce the convention, this subchapter, the 
regulations of the Commission, and the regulations of the Secretary of 
Commerce may seize, whenever and wherever lawfully found, all whales or 
whale products taken, processed, or possessed contrary to the provisions 
of the convention, of this subchapter of the regulations of the 
Commission, or of the regulations of the Secretary of Commerce.
    Any property so seized shall not be disposed of except pursuant to 
the order of a court of competent jurisdiction or the provisions of 
subsection (b) of this section, or, if perishable, in the manner 
prescribed by regulations of the Secretary of Commerce.

(b) Stay of execution upon posting of bond; bond requirements

    Notwithstanding the provisions of section 2464 of title 28, when a 
warrant of arrest or other process in rem is issued in any cause under 
this section, the marshal or other officer shall stay the execution of 
such process, or discharge any property seized if the process has been 
levied, on receiving from the claimant of the property a bond or 
stipulation for double the value of the property with sufficient surety 
to be approved by a judge of the district court having jurisdiction, 
conditioned to deliver the property seized, if condemned, without 
impairment in value or, in the discretion of the court, to pay its 
equivalent value in money or otherwise to answer the decree of the court 
in such cause. Such bond or stipulation shall be returned to the court 
and judgment thereon against both the principal and sureties may be 
recovered in event of any breach of the conditions thereof as determined 
by the court.

(Aug. 9, 1950, ch. 653, Sec. 9, 64 Stat. 423; Pub. L. 90-578, title IV, 
Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; 1970 Reorg. Plan No. 4, 
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 101-650, title 
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

                         Change of Name

    ``United States magistrate judges'' substituted for ``United States 
magistrates'' in subsec. (a) pursuant to section 321 of Pub. L. 101-650, 
set out as a note under section 631 of Title 28, Judiciary and Judicial 
Procedure. Previously, ``United States magistrates'' substituted for 
``United States commissioners'' in subsec. (a) pursuant to Pub. L. 90-
578. See chapter 43 (Sec. 631 et seq.) of Title 28.

                          Transfer of Functions

    In subsec. (a), ``Department of Commerce'' substituted for ``United 
States Fish and Wildlife Service of the Department of the Interior'' and 
``Secretary of Commerce'' for ``Secretary of the Interior'', see note 
set out under section 916 of this title.
    United States Fish and Wildlife Service, consisting of Bureau of 
Commercial Fisheries and Bureau of Sport Fisheries and Wildlife, 
succeeded and replaced Fish and Wildlife Service of Department of the 
Interior under provisions of Fish and Wildlife Act of 1956, as 
originally provided in section 742b(a) and (d) of this title.
