Page:United States Statutes at Large Volume 86.djvu/1079

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[86 STAT. 1037]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 1037]

86

STAT.]

1037

PUBLIC LAW 92-522-OCT. 21, 1972

(b) Any vessel subject to the jurisdiction of the United States that Penalty. is employed in any manner in the unlawful taking of any marine mammal shall be liable for a civil penalty of not more than $25,000. Such penalty shall be assessed by the district court of the United States having jurisdiction over the vessel. Clearance of a vessel against which a penalty has been assessed, from a port of the United States, may be withheld until such penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a maritime lien on such vessel which may be recovered by nction in rem in the district court of the United States having jurisdiction over the vessel. Information (c) Upon the recommendation of the Secretary, the Secretary of leading to conthe Treasury is authorized to pay an amount equal to one-half o^ the viction, reward. fine incurred but not to exceed $2,500 to any person who furnishes information which leads to a conviction for a violation of this title. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this section. ENFORCEMENT

SEC. 107. (a) Except as otherwise provided in this title, 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 possession 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 employees of the United States for the purposes of any laws administered by the Civil Service Commission. (c) The judges of the district courts of the United States and the United States magistrates may, w4thin their respective jurisdictions, upon proper oath or affirmation showing probaiDle 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 title and any regulations 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 jurisdiction for the enforcement of this title. 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 title or the regulations issued thereunder; (2) with a warrant or other process, or without a warrant if he has reasonable cause to 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 title or the regulations issued thereunder, search such vessel or conveyance and arrest such person; (3) seize the cargo of any vessel or other conveyance subject to the jurisdiction of the United States 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 and marine mammal products taken or retained in violation of

Federal personnel, utilization. State officers and employees.

Warrants.

Arrest and seizure, authority.