42 USC 9153 - Enforcement

U.S Code last checked for updates: Nov 22, 2024

§ 9153.

Enforcement

(a)

Enforcement responsibility of Administrator of National Oceanic and Atmospheric Administration; Coast Guard

(b)

Enforcement activities of authorized officers

To enforce the provisions of this chapter in or on board any ocean thermal energy conversion facility or plantship or any vessel subject to the provisions of this chapter, any officer who is authorized by the Administrator or the Secretary of the department in which the Coast Guard is operating may—

(1)

enter or board, and inspect, any ocean thermal energy conversion facility or plantship or any vessel which is subject to the provisions of this chapter;

(2)

search the vessel if the officer has reasonable cause to believe that the vessel has been used or employed in the violation of any provision of this chapter;

(3)

arrest any person subject to section 9151 of this title if the officer has reasonable cause to believe that the person has committed a criminal act prohibited by sections 9151 and 9152(d) of this title;

(4)

seize the vessel together with its 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 if such seizure is necessary to prevent evasion of the enforcement of this chapter;

(5)

seize any evidence related to any violation of any provision of this chapter;

(6)

execute any warrant or other process issued by any court of competent jurisdiction; and

(7)

exercise any other lawful authority.

(c)

Jurisdiction; venue

Except as otherwise specified in section 9125 of this title, the district courts of the United States shall have exclusive original jurisdiction over any case or controversy arising under the provisions of this chapter. Except as otherwise specified in this chapter, venue shall lie in any district wherein, or nearest to which, the cause of action arose, or wherein any defendant resides, may be found, or has his principal office. In the case of Guam, and any Commonwealth, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii. Any such court may, at any time—

(1)

enter restraining orders or prohibitions;

(2)

issue warrants, process in rem, or other process;

(3)

prescribe and accept satisfactory bonds or other security; and

(4)

take such other actions as are in the interest of justice.

(d)

Definitions

(Pub. L. 96–320, title III, § 303, Aug. 3, 1980, 94 Stat. 996; Pub. L. 98–623, title VI, § 602(a)(10), Nov. 8, 1984, 98 Stat. 3411.)

cite as: 42 USC 9153