
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9153]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 99--OCEAN THERMAL ENERGY CONVERSION
 
                       SUBCHAPTER III--ENFORCEMENT
 
Sec. 9153. Enforcement


(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 sections 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.

(Pub. L. 96-320, title III, Sec. 303, Aug. 3, 1980, 94 Stat. 996; Pub. 
L. 98-623, title VI, Sec. 602(a)(10), Nov. 8, 1984, 98 Stat. 3411.)


                               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''.

                  Section Referred to in Other Sections

    This section is referred to in section 9151 of this title.
