16 



FORFEITUKE 



Sec. 105. (a) Any vessel subject to the jurisdiction of the United States 

 that is employed in any manner in connection with a violation of the provisions 

 of this title, including its tackle, apparel, furniture, appurtenances, cargo, and 

 stores, shall be subject to forfeiture and all marine mammals or parts thereof, 

 taken or retained in violation of this title or the monetary value thereof shall be 



forfeited. . ., • ^- • , ^. 



(b) All provisions of law relating to the seizure, summary, and judicial for- 

 feiture, and condemnation of a vessel, including its tackle, apparel, furniture, 

 appurtenances, cargo, and stores, for violation of the customs law, the disposi- 

 tion of such vessel, including its tackle, apparel, furniture, appurtenances, cargo, 

 and stores, or the proceeds from the sale thereof, and remission or mitigation of 

 such forfeitures shall apply to seizures and forfeitures incurred, or alleged to 

 have been incurred, under the provisions of this title, insofar as such provisions 

 of law are applicable and not inconsistent with the provisions of this title. 



ENFORCEMENT 



Sec. 106. (a) The Secretary shall enforce the provisions of this title. The 

 Secretary may utilize, by agreement, the personnel, services, and facilities of 

 any other Federal agency for purposes of enforcing this title. 



(b) The Secretary may also designate officers and employees of any State 

 or of any iwssession of the United States to enforce the provisions of this title. 

 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 emt)loyees of the United States for the purposes of any laws 

 administered by the Civil Service Commission. 



(c) The judges of the United States district courts and the United States 

 commissioners may, within their respective jurisdictions, upon proper oath or 

 affirmation, showing probable cause, issue such warrants or other process, in- 

 cluding warrants or other process issued in admiralty proceedings in Federal 

 district courts, as may be required for enforcement of this title and any regula- 

 tions issued thereunder. 



(d) Any person authorized by the Secretary to enforce this title may execute 

 any warrant or process issued by any officer or court of competent jursdiction 

 for the enforcement of this title. 



(e) Such person so authorized may — 



(1) with or without warrant or other process, arrest any person com- 

 mitting in his presence of view a violation of this title or the regulations 

 issued thereunder ; 



(2) with a warrant or other prtocess or vpithout a warrant, if he has 

 reasonable cause to believe that a vessel subject to the jurisdiction of the 

 United States or any person on board is in violation of any provision of 

 this title or the regulations issued thereunder, to search such vessel and 

 to arrest such person ; 



(3) seize any ves'sel subject to the jurisdiction of the United States, to- 

 gether with its tackle, apparel, furniture, appurtenances, cargo, and stores, 

 used or employed contrary to the provisions of this title or the regulations 

 issued hereunder or which reasonably appears to have been so used or 

 employed; and 



(4) seize, whenever and wherever found, all marine mammals or parts 

 thereof taken or retained in violation of this title or the regulations issued 

 thereunder and shall dispose of them in accordance with regulations pre- 

 scribed by the Secretary. 



exceptions 



Sec. 107. (a) The provisions of this title shall not apply with respect to the 

 taking of any marine mammal by Indians, Aleuts, or Eskimos who dwell on the 

 coasts of the North Pacific or Arctic Oceans if such taking (1) is done solely in 

 accordance with customary traditions as an adjunct of the native culture, and 

 (2) is not done for purposes of direct or indirect commercial sale or resale. The 

 provisions of this title shall apply to Indians. Aleuts, and Eskimos who are 

 employed by any person for the purpose of taking marine mammals, or who are 

 under contract or agreement to deliver the skins of any marine mammals to any 

 person. 



