500 



§ 1377. Enforcement. 



(a) Utilization of personnel. 



Except as otherwise provided in this subchapter, 

 the Secretary shall enforce the provisions of this 

 subchapter. The Secretary may utilize, by agree- 

 ment, the personnel, services, and facilities of any 

 other Federal agency for purposes of enforcing this 

 subchapter. 



(b) State officers and employees. 



The Secretary may also designate officers and em- 

 ployees of any State or of any possession of the 

 United States to enforce the provisions of this sub- 

 chapter. When so designated, such officers and em- 

 ployees 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 purposes of any laws 

 administered by the Civil Service Commission. 



(c) Warrants and other process for enforcement. 



The judges of the district courts of the United 

 States and the United States magistrates 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 

 United States district courts, as may be required for 

 enforcement of this subchapter and any regulations 

 issued thereunder. 



(d) Execution of process; arrest; search; seizure. 

 Any person authorized by the Secretary to en- 

 force this subchapter may execute any warrant or 

 process issued by any officer or court of competent 

 jurisdiction for the enforcement of this subchap- 

 ter. Such person so authorized may, in addition to 

 any other authority conferred by law — 



(1) with or without warrant or other process, 

 arrest any person committing in his presence or 

 view a violation of this subchapter or the regula- 

 tions Issued thereunder; 



(2) with a warrant or other process, or without 

 a warrant if he has reasonable cause 1,0 believe 

 that a vessel or other conveyance subject to the 

 jurisdiction of the United States or any person 

 on board is in violation of any provision of this 

 subchapter or the regulations Issued thereunder, 

 search such vessel or conveyance and arrest such 

 person ; 



(3) seize the cargo of any vessel or other con- 

 veyance subject to the jurisdiction of the United 

 States used or employed contrary to the provi- 

 sions of this subchapter 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 and marine marpmal products 

 taken or retained in violation of this subchapter or 

 the regulations Issued thereunder and shall dis- 

 pose of them in accordance with regulations pre- 

 scribed by the Secretary. 



(e) Disposition of seized cargo. 



( 1 ) Whenever any cargo or marine mammal or 

 marine mammal product is seized pursuant to this 



section, the Secretary shall expedite any proceed- 

 ings commenced under section 1375 (a) or (b) of 

 this title. All marine mammal or marine mammal 

 products or other cargo so seized shall be held by 

 any person authorized by the Secretary pending dis- 

 position of such proceedings. The owner or consignee 

 of any such marine mammal or marine mammal 

 product or other cargo so seized shall, as soon as 

 practicable following such seizure, be notified of that 

 fact In accordance with regulations established by 

 the Secretary. 



(2) The Secretary may, with respect to any pro- 

 ceeding under section 1375 (a) or (b) of this title, 

 in lieu of holding any marine mammal or marine 

 mammal product or other cargo, permit the per- 

 son concerned to post bond or other surety satis- 

 factory to the Secretary pending the disposition of 

 such proceeding. 



(3) (A) Upon the assessment of a penalty pur- 

 suant to section 1375(a) of this title, all marine 

 mammals and marine mammal products or other 

 cargo seized in connection therewith may be pro- 

 ceeded against in any court of competent jurisdic- 

 tion and forfeited to the Secretary for disposition by 

 him in such manner as he deems appropriate. 



(B> Upon conviction for violation of section 1375 

 (b) of this title, all marine mammals and marine 

 mammal products seized in connection therewith 

 shall be forfeited to the Secretary for disposition by 

 him in such manner as he deems appropriate. Any 

 other property or item so seized may, at the discre- 

 tion of the court, be forfeited to the United States 

 or otherwise disposed of. 



(4) If with respect to any marine mammal or 

 marine mammal product or other cargo so seized — 



(A) a civil penalty is assessed under section 

 1375 la) of this title and no judicial action is 

 commenced to obtain the forfeiture of such mam- 

 mal or product within thirty days after such as- 

 sessment, such marine mammal or marine mam- 

 mal product or other cargo shall be immediately 

 returned to the owner or the consignee; or 



(Bi no conviction results from an alleged vio- 

 lation of section 1375 <b) of this title, such ma- 

 rine mammal or marine mammal product or other 

 cargo shall immediately be returned to the owner 

 or consignee if the Secretary does not, with thirty 

 days after the final disix)sition of the case involv- 

 ing such alleged violation, commence proceedings 

 for the assessment of a civil penalty under section 

 1375(a) of this title. 



(Pub. L. 92-522. title I, § 107, Oct. 21, 1972, 86 Stat. 



1037.) 



§ 1378. International program. 



(a) The Secretary, through the Secretary of State, 



shall— 



( 1 > initiate negotiations as soon as possible for 

 the development of bilateral or multilateral agree- 

 ments with other nations for the protection and 

 conservation of all marine mammals covered by 

 this chapter; 



(2) initiate negotiations as soon as possible with 

 all foreign governments which are engaged In, or 

 which have persons or companies engaged in, 

 commercial fishing operations which are found by 



