Page:United States Statutes at Large Volume 92 Part 1.djvu/455

 PUBLIC LAW 95-326—JULY 28, 1978

92 STAT. 401

elements of the Department of Defense, and of any State agency, in the performance of such duties. Such Secretaries shall, and the head of any Federal or State agency which has entered into an agreement with either such Secretary under the preceding sentence may (if the agreement so provides), authorize officers (hereinafter in this Act referred to as 'enforcement officers') to enforce the provisions of the Convention, this Act, and regulations adopted and permits issued under this Act: Provided, That any such agreement or contract entered into pursuant to this section shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. "(b) Enforcement officers may, within the fishery conservation zone— "(1) with or without a warrant or other process— "(A) arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by section 10; Post, p. 402. "(B) board, and search or inspect, any fishing vessel which is subject to the provisions of the Convention and this Act; "(C) 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 the Convention, this Act, or any regulation adopted or permit issued under this Act; "(D) seize any fish (wherever found) taken or retained in violation of any provision referred to in subparagraph (C);and " (E) seize any other evidence related to any violation of any provision referred to in subparagraph (C); "(2) execute any warrant or other process issued by any court of competent jurisdiction; and "(3) exercise any other lawful authority. "(c) The district courts of the United States shall have exclusive Jurisdiction, jurisdiction over any case or controversy arising under the provisions this Act. "(d)(1) Enforcement officers may in the Convention area outside the fishery conservation zone and similar zones of Canada and Japan— "(A) board any fishing vessel of Canada or Japan fishing for or processing*anadramous species and, without warrant or process, inspect equipment, logs, documents, catch, and other articles, and question persons, on board the vessel for the purpose of carrying out the provisions of the Convention, this Act, or any regulation adopted or permit issued under this Act; and "(B) if any such vessel or person on board is actually engaged in operations in violation of any such provision, or there is reasonable ground to believe any person or vessel was obviously so engaged before the boarding of such vessel by the enforcement officer, detain such vessel or person and further investigate the circumstances if necessary. If an enforcement officer, after boarding and investigation, has reasonable cause to believe that any such fishing vessel or person engaged in operations in violation of any provision referred to in subparagraph (A), the officer shall further detain the vessel or person and deliver the vessel or person as promptly as practicable to the authorized officials of the appropriate nation.

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