511 



Subsec. (d). Pub. L. 92-471, I 105(4), substituted pen- 

 alties for other offenses for provisions making section 

 989 of this title inapplicable to vlolaticns covered by this 

 section. 



Section Referred to in Other Sections 

 This section Is referred to In section 1029 of this title. 



§ 1031. Power and authority of enforcement officers. 



(a) Arrest, search, seizure and disposal of property. 



Any duly authorized enforcement officer or em- 

 ployee 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 provi- 

 sions of the Convention, this chapter, and the regu- 

 lations issued pursuant thereto, shall have power 

 without warrant or other process to arrest any person 

 subject to the jurisdiction of the United States com- 

 mitting in his presence or view a violation of the 

 Convention or of this chapter, or of the regulations 

 issued pursuant thereto, 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 war- 

 rant or other process, to search any vessel subject 

 to the jurisdiction of the United States when he has 

 reasonable cause to believe that such vessel is en- 

 gaging in fishing in violation of the provisions of the 

 Convention or this chapter, or the regulations issued 

 pursuant thereto. Any person authorized to enforce 

 the provisions of the Convention, this chapter, or 

 the regulations issued pursuant thereto, shall have 

 power to execute any warrant or process issued by 

 an officer or court of competent jurisdiction for the 

 enforcement of this chapter, and shall have power 

 with a search warrant to search any vessel, vehicle, 

 person, or place at any time. The judges of the 

 United States district courts and the United States 

 magistrates may, within their respective jurisdic- 

 tions, upon proper oath or affirmation showing 

 probable cause, issue warrants in all such cases. Any 

 person authorized to enforce the provisions of the 

 Convention, this chapter, or the regulations issued 

 pursuant thereto may, except in the case of a first 

 offense, seize, whenever and wherever lawfully 

 found, all fish taken or retained, and all fishing gear 

 involved in fishing, contrary to the provisions of the 

 Convention or this chapter or to regulations issued 

 pursuant thereto. 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 Sec- 

 retary of Commerce. 



(b) Stay of execution of process; bonds and stipu- 

 lations. 



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 claim- 

 ant of the property a bond or stipulation for double 

 the value of the property with sufficient suret:' i-o be 

 approved by a judge of the district court having 

 jurisdiction of the offense, 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 judg- 

 ment thereon against both the principal and sure- 

 ties may be recovered in event of any breach of the 

 conditions thereof as determined by the court. (As 

 amended Oct. 9, 1972, Pub. L. 92-471, title I, § 106, 

 86 Stat. 785.) 



Amendments 

 1972 — Pub. L. 92-471 substituted provisions of subsecs. 

 (a) and (b) relating to the authority to arrest without 

 warrant persons committing violations of the Convention, 

 this chapter, or regulations issued pursuant thereto, 

 search vessels suspected of fishing In violation of the 

 Convention, this chapter, or regulations issued pursuant 

 thereto, issue and execution of warrants, seizure of fish 

 and flshgear and disposal thereof, stay of execution of 

 process on receipt of bonds or stipulations, for paragraph 

 incorporating by reference of sections 986(a) and (b), 

 988, 989, and 990 of this title with exception that regula- 

 tions under section 986(a) be adopted by the Secretary 

 of the Interior in consultation with the United States 

 Section and that the regulations do not apply to certain 

 areas. 



§1032. Appropriations; use of funds. 



(a) There is authorized to be appropriated from 

 time to time such sums as may be necessary for 

 carrying out the purposes and provisions of the 

 Convention and this chapter, including — 



(1) necessary travel expenses of the United 

 States Comjnlssloners or Alternate Commissioners 

 without regard to the Standardized Government 

 Travel Regulations, as amended, the Travel Ex- 

 pense Act of 1949, or section 73b of Title 5; and 



(2) the United States share of the joint ex- 

 penses of the Commission; provided that the 

 Commissioners shall not, with respect to com- 

 mitments concerning the United States share 

 of the joint expenses of the Commission, be sub- 

 ject to the provisions of section 262 (b) ' of Title 

 22 Insofar as they limit the authority of United 

 States representatives to international organiza- 

 tions with respect to such commitments. 



(b) Such funds as shall be made available to the 

 Secretary of Commerce for research and related 

 activities shall be expended to carry out the pro- 

 gram of the Commission in accordance with recom- 

 mendations of the United States Section. (As 

 amended Oct. 9, 1972, Pub. L. 92-471, title I. §§ 107 

 (c), 108(d), 86 Stat. 786, 787,) 



Amendments 



1972— Subsec. (a) (1). Pub. L. 92-471, § 108(d), substi- 

 tuted "United States Commissioners or Alternate Com- 

 missioners" for "United States Commissioners". 



Subsec. (b). Pub. L. 92-471, I 107(c), substituted "Sec- 

 retary of Commerce" for "Secretary of the Interior". 



RoraiNcra IN Text 



The Travel Expense Act of 194S, referred to In tne 

 text, is now covered by section 310S and section S701 et 

 •eq. of Title 8, Ctovernment Organization and Employees. 



Section 73b of title 6, referred to in subsec. (a) (1), is 

 now covered by section 8731 of Title 8, Oovemment 

 Organization and Employees, 



>8o In original. Probably should be section asab of 

 TIU* 33. 



