Page:United States Statutes at Large Volume 98 Part 3.djvu/1031

 PUBLIC LAW 98-623—NOV. 8, 1984

98 STAT. 3403

preclude the assessment of a civil penalty for such act under any other law. SEC. 309. CRIMINAL OFFENSES.

16 USC 2438.

(a) OFFENSES.—A person is guilty of an offense if that person commits any act prohibited by paragraph (4), (5), (6), or (7) of section 306. (b) PUNISHMENT.—Any offense described in subsection (a) is punishable by a fine of $50,000, or imprisonment for not more than ten years, or both. (c) OFFENSES UNDER OTHER LAWS.—A conviction under subsection (a) for any act shall not be deemed to preclude a conviction for such act under any other law.

Prohibition,

SEC. 310. ENFORCEMENT.

16 USC 2439.

(a) RESPONSIBILITY.—The provisions of this title shall be enforced by the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may utilize by agreement, on a reimbursable basis or otherwise, the personnel, services, and facilities of any other department or agency of the United States in the performance of such duties. Ob) POWERS OF AUTHORIZED OFFICERS AND EMPLOYEES.—Any officer or employee of the United States who is authorized Qoy the Secretary of Commerce, the Secretary of the department in which the Coast Guard is operating, or the head of any department or agency of the United States which has entered into an agreement with either Secretary under subsection (a)) to enforce the provisions of this title and of any regulation promulgated under this title may, in enforcing such provisions— (1) secure, execute, and serve any order, warrant, subpoena, or other process, which is issued under the authority of the United States; (2) search without warrant any person, place, vehicle or aircraft subject to the jurisdiction of the United States where there are reasonable grounds to believe that a person has committed or is attempting to commit an act prohibited by section 306; (3) with or without a warrant board and search or inspect any Vessels, vessel of the United States or vessel subject to the jurisdiction of the United States; (4) seize without warrant— (A) any evidentiary item where there are reasonable grounds to believe that a person has committed or is attempting to commit an act prohibited by section 306, (B) any Antarctic marine living resources (or part of product thereof) with respect to which such an act is committed, (C) any vessel of the United States (including its gear, furniture, appurtenances, stores, and cargo), any vessel subject to the jurisdiction of the United States (including its gear, furniture, appurtenances, stores, and cargo), and any vehicle, aircraft, or other means of transportation subject to the jurisdiction of the United States used in connection with such an act, and (D) any guns, traps, nets, or equipment used in connection with such an act;

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