(ii) fish processing permitted under section 1856(c) of this title; or

(iii) transshipment at sea of fish or fish products within the boundaries of any State in accordance with a permit approved under section 1824(d) of this title;

(B) in fishing, except recreational fishing permitted under section 1821(i) of this title, within the exclusive economic zone, or for any anadromous species or Continental Shelf fishery resources beyond such zone, unless such fishing is authorized by, and conducted in accordance with, a valid and applicable permit issued pursuant to section 1824(b), (c), or (d) of this title; or

(C) except as permitted under section 1856(c) of this title, in fish processing (as defined in paragraph (4)(A) of such section) within the internal waters of a State (as defined in paragraph (4)(B) of such section);

(3) for any vessel of the United States, and for the owner or operator of any vessel of the United States, to transfer at sea directly or indirectly, or attempt to so transfer at sea, any United States harvested fish to any foreign fishing vessel, while such foreign vessel is within the exclusive economic zone or within the boundaries of any State except to the extent that the foreign fishing vessel has been permitted under section 1824(d) of this title or section 1856(c) of this title to receive such fish;

(4) for any fishing vessel other than a vessel of the United States to operate, and for the owner or operator of a fishing vessel other than a vessel of the United States to operate such vessel, in the exclusive economic zone or within the boundaries of any State, if—

(A) all fishing gear on the vessel is not stored below deck or in an area where it is not normally used, and not readily available, for fishing; or

(B) all fishing gear on the vessel which is not so stored is not secured and covered so as to render it unusable for fishing; unless such vessel is authorized to engage in fishing in the area in which the vessel is operating; and

(5) for any vessel of the United States, and for the owner or operator of any vessel of the United States, to engage in fishing in the waters of a foreign nation in a manner that violates an international fishery agreement between that nation and the United States that has been subject to Congressional oversight in the manner described in section 1823 of this title, or any regulations issued to implement such an agreement; except that the binding provisions of such agreement and implementing regulations shall have been published in the Federal Register prior to such violation. (Pub. L. 94-265, title III, §307, Apr. 13, 1976, 90 Stat. 355; Pub. L. 95-354, §5(4), Aug. 28, 1978, 92 Stat. 521; Pub. L. 97-191, §2, June 1, 1982, 96 Stat. 107; Pub. L. 97-453, §15(b), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 99-659, title I, §§ 101(c)(2), 107(a), Nov. 14, 1986, 100 Stat. 3707, 3713; Pub. L. 100-629, §4, Nov. 7, 1988, 102 Stat. 3286; Pub. L. 101-224, §8, Dec. 12, 1989, 103 Stat. 1907; Pub. L. 101-627, title I, §113, Nov. 28, 1990, 104 Stat. 4453; Pub. L.

102-251, title III, §301(h), Mar. 9, 1992, 106 Stat. 64; Pub. L. 104-297, title I, §113, title IV, §405(b)(1), Oct. 11, 1996, 110 Stat. 3597, 3621; Pub. L. 106-557, §3, Dec. 21, 2000, 114 Stat. 2772.)

AMENDMENT OF SECTION

Pub. L. 102-251, title III, §§ 301 (h), 308, Mar. 9, 1992, 106 Stat. 64, 66, as amended by Pub. L. 104-297, title IV, §405(b)(1), Oct. 11, 1996, 110 Stat. 3621, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, this section is amended:

(1) in paragraph (1)(K), by inserting "or special areas" immediately after "exclusive economic zone";

(2) in paragraph (2)(B), by inserting "or areas" immediately after "such zone";

(3) in paragraph (3), by inserting "or special areas" immediately after "exclusive economic zone"; and

(4) in paragraph (4), by inserting "or special areas" immediately after "exclusive economic zone".

REFERENCES IN TEXT

The Atlantic Coastal Fisheries Cooperative Management Act, referred to in par. (1)(J)(i), is title VIII of Pub. L. 103-206, Dec. 20, 1993, 107 Stat. 2447, as amended, which is classified principally to chapter 71 (§5101 et seq.) of this title. For complete classification of title VIII to the Code, see Short Title note set out under section 5101 of this title and Tables.

AMENDMENTS

2000-Par. (1). Pub. L. 106-557 added subpar. (P) and concluding provisions.

1996 Par. (1)(J)(i). Pub. L. 104-297, §113(a), substituted "plan implemented" for "plan, implemented" and inserted before semicolon at end", or in the absence of any such plan, is smaller than the minimum possession size in effect at the time under a coastal fishery management plan for American lobster adopted by the Atlantic States Marine Fisheries Commission under the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 et seq.)".

Par. (1)(K). Pub. L. 104-297, §113(b)(2), substituted "gear" for "gear," at end of cl. (ii) and struck out concluding provisions which read as follows: "or to attempt to do so;”.

Pub. L. 104-297, § 113(b)(1), which directed substitution of "to steal or attempt to steal or to negligently and without authorization" for "knowingly steal or without authorization, to", was executed by making the substitution for "knowingly steal, or without authorization, to" to reflect the probable intent of Congress. Par. (1)(L). Pub. L. 104-297, §113(c), amended subpar. (L) generally. Prior to amendment, subpar. (L) read as follows: "to forcibly assault, resist, oppose, impede, intimidate, or interfere with any observer on a vessel under this chapter;".

Par. (1)(0). Pub. L. 104-297, §113(d), added subpar. (O). Par. (2)(A). Pub. L. 104-297, §113(e), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "in fishing within the boundaries of any State, except recreational fishing permitted under section 1821(j) of this title;".

Par. (2)(B). Pub. L. 104-297, §113(f), substituted "1821(i)" for "1821(j)" and "1824(b), (c), or (d)" for "1824(b) or (c)".

Par. (3). Pub. L. 104-297, §113(g), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "for any vessel of the United States, and for the owner or operator of any vessel of the United States, to transfer directly or indirectly, or attempt to so transfer, any United States harvested fish to any foreign fishing vessel, while such foreign vessel is within the exclusive economic zone, unless the foreign fishing vessel has been issued a permit under section 1824 of this title which authorizes the receipt by such vessel of United States harvested fish of the species concerned;".

Par. (4). Pub. L. 104-297, §113(h), inserted "or within the boundaries of any State" after "zone" in introductory provisions.

1990-Par. (1)(K) to (N). Pub. L. 101-627, § 113(a), added subpars. (K) to (N).

Par. (5). Pub. L. 101-627, § 113(b), added par. (5). 1989-Par. (1)(J). Pub. L. 101-224 added subpar. (J). 1988-Par. (4). Pub. L. 100-629 added par. (4).

(I).

1986-Par. (1)(I). Pub. L. 99-659, § 107(a), added subpar.

Pars. (2)(B), (3). Pub. L. 99-659, § 101(c)(2), substituted "exclusive economic zone" for "fishery conservation zone".

1983-Par. (2)(A). Pub. L. 97-453, § 15(b)(A), substituted "in fishing within the boundaries of any State, except recreational fishing permitted under section 1821(j) of this title" for "in fishing within the boundaries of any State".

Par. (2)(B). Pub. L. 97-453, §15(b)(B), inserted ", except recreational fishing permitted under section 1821(j) of this title," after "in fishing".

1982-Par. (2). Pub. L. 97-191, §2(1), struck out "in fishing" in provisions preceding subpar. (A).

Par. (2)(A). Pub. L. 97-191, §2(2), inserted "in fishing" at beginning and struck out "or" at end.

Par. (2)(B). Pub. L. 97-191, §2(3), inserted "in fishing" at beginning and substituted "or" for "and" at end. Par. (2)(C). Pub. L. 97-191, §2(4), added subpar. (C). 1978-Par. (3). Pub. L. 95–354 added par. (3).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102-251, set out as a note under section 773 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-191 effective June 1, 1982, see section 3 of Pub. L. 97-191, set out as a note under section 1856 of this title.

EFFECTIVE DATE

Section 312 of Pub. L. 94-265, provided that this section and sections 1858 to 1861 of this title were to take effect Mar. 1, 1977, prior to the general amendment of section 312 by Pub. L. 104-297, title I, §116(a), Oct. 11, 1996, 110 Stat. 3600. See section 1861a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971e, 1821, 1827, 1852, 1853, 1858, 1859, 1860, 1861, 3606, 5103, 5158 of this title.

§ 1858. Civil penalties and permit sanctions (a) Assessment of penalty

Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, to have committed an act prohibited by section 1857 of this title shall be liable to the United States for a civil penalty. The amount of the civil penalty

shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing.

(b) Review of civil penalty

Any person against whom a civil penalty is assessed under subsection (a) of this section or against whom a permit sanction is imposed under subsection (g) of this section (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such order. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, as provided in section 2112 of title 28. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in section 706(2) of title 5.

(c) Action upon failure to pay assessment

If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

(d) In rem jurisdiction

A fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by section 1857 of this title shall be liable in rem for any civil penalty assessed for such violation under this section and may be proceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.

(e) Compromise or other action by Secretary

The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. (f) Subpenas

For the purposes of conducting any hearing under this section, the Secretary may issue sub

penas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a subpena served upon any person pursuant to this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(g) Permit sanctions

(1) In any case in which (A) a vessel has been used in the commission of an act prohibited under section 1857 of this title, (B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under this chapter has acted in violation of section 1857 of this title, (C) any amount in settlement of a civil forfeiture imposed on a vessel or other property, or any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any marine resource law enforced by the Secretary has not been paid and is overdue, or (D) any payment required for observer services provided to or contracted by an owner or operator who has been issued a permit or applied for a permit under any marine resource law administered by the Secretary has not been paid and is overdue, the Secretary may

(i) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits;

(ii) suspend such permit for a period of time considered by the Secretary to be appropriate; (iii) deny such permit; or

(iv) impose additional conditions and restrictions on any permit issued to or applied for by such vessel or person under this chapter and, with respect to foreign fishing vessels, on the approved application of the foreign nation involved and on any permit issued under that application.

(2) In imposing a sanction under this subsection, the Secretary shall take into account

(A) the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and

(B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. (3) Transfer of ownership of a vessel, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending

with respect to the vessel at the time of the transfer.

(4) In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty or criminal fine, the Secretary shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate.

(5) No sanctions shall be imposed under this subsection unless there has been a prior opportunity for a hearing on the facts underlying the violation for which the sanction is imposed, either in conjunction with a civil penalty proceeding under this section or otherwise.

(Pub. L. 94-265, title III, §308, Apr. 13, 1976, 90 Stat. 356; Pub. L. 97-453, §10, Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99-659, title I, §108, Nov. 14, 1986, 100 Stat. 3713; Pub. L. 101-627, title I, §114(a), Nov. 28, 1990, 104 Stat. 4454; Pub. L. 104-297, title I, §114(a)-(c), Oct. 11, 1996, 110 Stat. 3598, 3599.)

AMENDMENTS

1996 Subsec. (a). Pub. L. 104-297, §114(a), struck out "ability to pay," after "history of prior offenses," and inserted at end "In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing."

Subsec. (b). Pub. L. 104-297, §114(b), amended first sentence generally. Prior to amendment, first sentence read as follows: "Any person against whom a civil penalty is assessed under subsection (a) of this section may obtain review thereof in the United States district court for the appropriate district by filing a complaint in such court within 30 days from the date of such order and by simultaneously serving a copy of such complaint by certified mail on the Secretary, the Attorney General and the appropriate United States Attorney."

Subsec. (g)(1). Pub. L. 104-297, §114(c), substituted "(C) any amount in settlement of a civil forfeiture imposed on a vessel or other property, or any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any marine resource law enforced by the Secretary has not been paid and is overdue, or (D) any payment required for observer services provided to or contracted by an owner or operator who has been issued a permit or applied for a permit under any marine resource law administered by the Secretary has not been paid and is overdue," for "or (C) any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any fishery resource law statute enforced by the Secretary has not been paid and is overdue,".

1990-Pub. L. 101-627, §114(a)(1), inserted "and permit sanctions" after "penalties" in section catchline.

Subsec. (a). Pub. L. 101-627, §114(a)(2), substituted "$100,000" for "$25,000".

Subsec. (g). Pub. L. 101-627, §114(a)(3), added subsec. (g).

1986 Subsec. (b). Pub. L. 99-659, §108(1), amended first sentence generally. Prior to amendment, the sentence read as follows: "Any person against whom a civil penalty is assessed under subsection (a) of this section may obtain review thereof in the appropriate court of the United States by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary".

Subsecs. (d) to (f). Pub. L. 99-659, §108(2), (3), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

1983-Subsec. (e). Pub. L. 97-453 added subsec. (e).

(2) section 1857(2) of this title.

(b) Punishment

Any offense described in subsection (a)(1) of this section is punishable by a fine of not more than $100,000, or imprisonment for not more than 6 months, or both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any observer described in section 1857(1)(L) of this title or any officer authorized to enforce the provisions of this chapter (as provided for in section 1861 of this title), or places any such observer or officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $200,000, or imprisonment for not more than 10 years, or both. Any offense described in subsection (a)(2) of this section is punishable by a fine of not more than $200,000.

(c) Jurisdiction

There is Federal jurisdiction over any offense described in this section.

(Pub. L. 94-265, title III, §309, Apr. 13, 1976, 90 Stat. 357; Pub. L. 97-453, §11(a), Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99-659, title I, §107(b), Nov. 14, 1986, 100 Stat. 3713; Pub. L. 100-66, §2, July 10, 1987, 101 Stat. 384; Pub. L. 101-627, title I, §115, Nov. 28, 1990, 104 Stat. 4455.)

AMENDMENTS

1990 Subsec. (a)(1). Pub. L. 101-627, §115(a), amended par. (1) generally, substituting "(I), or (L)" for "or (I)". Subsec. (b). Pub. L. 101-627, §115(b), substituted "$100,000" for "$50,000", substituted "$200,000" for "$100,000" in two places, and inserted "any observer described in section 1857(1)(L) of this title or" after "injury to" and "observer or" before "officer in fear".

1987-Subsec. (a)(1). Pub. L. 100-66 substituted "(I)" for "(J)".

1986 Subsec. (a)(1). Pub. L. 99-659 substituted "(H), or (J)" for "or (H)".

1983-Subsec. (b). Pub. L. 97-453 struck out ", or imprisonment for not more than 1 year, or both" after "subsection (a)(2) of this section is punishable by a fine of not more than $100,000".

EFFECTIVE DATE OF 1983 AMENDMENT

Section 11(b) of Pub. L. 97-453 provided that: “The amendment made by subsection (a) [amending this section] applies with respect to offenses committed under section 309 [this section] on or after the date of the enactment of this Act [Jan. 12, 1983]."

EFFECTIVE DATE

Section effective Mar. 1, 1977, see section 312 of Pub. L. 94-265, formerly set out as a note under section 1857 of this title.

citation under section 1861(c) of this title is sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section.

(b) Jurisdiction of district courts

Any district court of the United States which has jurisdiction under section 1861(d) of this title shall have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) of this section and any action provided for under subsection (d) of this section. (c) Judgment

If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this chapter or for which security has not previously been obtained under subsection (d) of this section. The provisions of the customs laws relating to

(1) the seizure, forfeiture, and condemnation of property for violation of the customs law; (2) the disposition of such property or the proceeds from the sale thereof; and

(3) the remission or mitigation of any such forfeiture;

shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, unless such provisions are inconsistent with the purposes, policy, and provisions of this chapter. The duties and powers imposed upon the Commissioner of Customs or other persons under such provisions shall, with respect to this chapter, be performed by officers or other persons designated for such purpose by the Secretary.

(d) Procedure

(1) Any officer authorized to serve any process in rem which is issued by a court having jurisdiction under section 1861(d) shall

(A) stay the execution of such process; or

(B) discharge any fish seized pursuant to such process;

upon the receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be conditioned upon such person (i) delivering such property to the appropriate court upon order thereof,

without any impairment of its value, or (ii) paying the monetary value of such property pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court. Nothing in this paragraph may be construed to require the Secretary, except in the Secretary's discretion or pursuant to the order of a court under section 1861(d) of this title, to release on bond any seized fish or other property or the proceeds from the sale thereof.

(2) Any fish seized pursuant to this chapter may be sold, subject to the approval and direction of the appropriate court, for not less than the fair market value thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter involved. (e) Rebuttable presumptions

(1) For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel which is seized in connection with an act prohibited by section 1857 of this title were taken or retained in violation of this chapter.

(2) For purposes of this chapter, it shall be a rebuttable presumption that any fish of a species which spawns in fresh or estuarine waters and migrates to ocean waters that is found on board a vessel is of United States origin if the vessel is within the migratory range of the species during that part of the year to which the migratory range applies.

(3) For purposes of this chapter, it shall be a rebuttable presumption that any vessel that is shoreward of the outer boundary of the exclusive economic zone of the United States or beyond the exclusive economic zone of any nation, and that has gear on board that is capable of use for large-scale driftnet fishing, is engaged in such fishing.

(Pub. L. 94-265, title III, §310, Apr. 13, 1976, 90 Stat. 357; Pub. L. 97-453, §12, Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99-659, title I, §109(a), Nov. 14, 1986, 100 Stat. 3714; Pub. L. 101-627, title I, §116, Nov. 28, 1990, 104 Stat. 4456; Pub. L. 104-297, title I, §114(d), Oct. 11, 1996, 110 Stat. 3599.)

REFERENCES IN TEXT

The customs laws, referred to in subsec. (c), are classified generally to Title 19, Customs Duties.

AMENDMENTS

1996-Subsec. (e)(3). Pub. L. 104-297 added par. (3). 1990-Subsec. (e). Pub. L. 101-627 designated existing provisions as par. (1) and and added par. (2).

1986 Subsec. (c). Pub. L. 99-659, §109(a)(1), amended second sentence generally. Prior to amendment, second sentence of subsec. (c) read as follows: "The provisions of the customs laws relating to—

"(1) the disposition of forfeited property,

"(2) the proceeds from the sale of forfeited property,

"(3) the remission or mitigation of forfeitures, and "(4) the compromise of claims,

shall apply to any forfeiture ordered, and to any case in which forfeiture is alleged to be authorized, under this section, unless such provisions are inconsistent with the purposes, policy, and provisions of this chapter."

Subsec. (d)(1). Pub. L. 99-659, §109(a)(2), inserted provision that nothing in this paragraph may be construed

to require the Secretary, except in the Secretary's discretion or pursuant to the order of a court under section 1861(d) of this title, to release on bond any seized fish or other property or the proceeds from the sale thereof.

1983-Subsec. (a). Pub. L. 97-453 inserted "(or the fair market value thereof)" after "fish" wherever appearing.

EFFECTIVE DATE

Section effective Mar. 1, 1977, see section 312 of Pub. L. 94-265, formerly set out as a note under section 1857 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1417, 1861, 3606, 3637, 5103, 5106, 5154, 5158, 5606 of this title.

§ 1861. Enforcement

(a) Responsibility

The provisions of this chapter shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries 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, including all elements of the Department of Defense, and of any State agency, in the performance of such duties.

(b) Powers of authorized officers

(1) Any officer who is authorized (by the Secretary, the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with such Secretaries under subsection (a) of this section) to enforce the provisions of this chapter may

(A) with or without a warrant or other proc

ess

(i) arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by section 1857 of this title;

(ii) board, and search or inspect, any fishing vessel which is subject to the provisions of this chapter;

(iii) seize any fishing vessel (together with its fishing 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;

(iv) seize any fish (wherever found) taken or retained in violation of any provision of this chapter; and

(v) seize any other evidence related to any violation of any provision of this chapter; (B) execute any warrant or other process issued by any court of competent jurisdiction; and

(C) exercise any other lawful authority. (2) Subject to the direction of the Secretary, a person charged with law enforcement responsibilities by the Secretary who is performing a duty related to enforcement of a law regarding fisheries or other marine resources may make an arrest without a warrant for an offense against the United States committed in his