--- kind: "section" citation: "16 U.S.C. § 5008" title: "16" title_heading: "Conservation" number: "5008" heading: "Enforcement provisions" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/5008" units: - "Chapter 70 — North Pacific Anadromous Stocks Convention" --- # §5008. Enforcement provisions - (a) **Duties of Secretaries of Commerce and Transportation—** This chapter shall be enforced by the [Secretary](/usc/16/5002.md?p=16) of Commerce and the [Secretary](/usc/16/5002.md?p=16) of Transportation. Such [Secretaries](/usc/16/5002.md?p=16) may by agreement utilize, on a reimbursable basis or otherwise, 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](/usc/16/590q.md?p=a) agency, in the performance of such duties. Such [Secretaries](/usc/16/5002.md?p=16) shall, and the head of any Federal or [State](/usc/16/590q.md?p=a) agency that has entered into an agreement with either such [Secretary](/usc/16/5002.md?p=16) under the preceding sentence may (if the agreement so provides), authorize officers to enforce the provisions of the [Convention](/usc/16/5002.md?p=5), this chapter, and regulations issued under this chapter. 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 appropriations Acts. - (b) **District court jurisdiction—** The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this chapter. - (c) **Powers of enforcement officers—** [Authorized officers](/usc/16/5002.md?p=3) may, shoreward of the outer boundary of the [exclusive economic zone](/usc/16/5002.md?p=10), or during hot pursuit from the zone— - (1) with or without a warrant or other process— - (A) arrest any [person](/usc/16/450rr–1.md?p=b), if the officer has reasonable cause to believe that such [person](/usc/16/450rr–1.md?p=b) has committed an act prohibited by [section 5009 of this title](/usc/16/5009.md); - (B) board, and search or inspect, any [fishing vessel](/usc/16/5002.md?p=13) subject to the provisions of the [Convention](/usc/16/5002.md?p=5) and this chapter; - (C) seize any [fishing vessel](/usc/16/5002.md?p=13) (together with its [fishing](/usc/16/5002.md?p=12) 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](/usc/16/620e.md?p=11) of any provision of the [Convention](/usc/16/5002.md?p=5), this chapter, or regulations issued under this chapter; - (D) seize any [fish](/usc/16/5002.md?p=11) (wherever found) taken or retained in [violation](/usc/16/620e.md?p=11) of any provision referred to in [subparagraph (C)](#c-1-C); - (E) seize any other evidence related to any [violation](/usc/16/620e.md?p=11) of any provision referred to in [subparagraph (C)](#c-1-C); - (2) execute any warrant or other process issued by any court of competent jurisdiction; and - (3) exercise any other lawful authority. - (d) **Additional powers—** - (1) An [authorized officer](/usc/16/5002.md?p=3) may in the [Convention area](/usc/16/5002.md?p=6)— - (A) board a vessel of any [Party](/usc/16/5002.md?p=15) that reasonably can be believed to be engaged in [directed fishing](/usc/16/5002.md?p=7) for, [incidental taking](/usc/16/5002.md?p=14) of, or processing of [anadromous fish](/usc/16/5002.md?p=2), and, without warrant or process, inspect equipment, logs, documents, catch, and other articles, and question [persons](/usc/16/450rr–1.md?p=b), on board the vessel, for the purpose of carrying out the provisions of the [Convention](/usc/16/5002.md?p=5), this chapter, or any regulation issued under this chapter; and - (B) If[^1] any such vessel or [person](/usc/16/450rr–1.md?p=b) on board is actually engaged in operations in [violation](/usc/16/620e.md?p=11) of any such provision, or there is reasonable ground to believe any [person](/usc/16/450rr–1.md?p=b) or vessel was obviously so engaged before the boarding of such vessel by the [authorized officer](/usc/16/5002.md?p=3), arrest or seize such [person](/usc/16/450rr–1.md?p=b) or vessel and further investigate the circumstance if necessary. If an [authorized officer](/usc/16/5002.md?p=3), after boarding and investigation, has reasonable cause to believe that any such [fishing vessel](/usc/16/5002.md?p=13) or [person](/usc/16/450rr–1.md?p=b) engaged in operations in [violation](/usc/16/620e.md?p=11) of any provision referred to in [subparagraph (A)](#d-1-A), the officer shall deliver the vessel or [person](/usc/16/450rr–1.md?p=b) as promptly as practicable to the [enforcement officers](/usc/16/5002.md?p=9) of the appropriate [Party](/usc/16/5002.md?p=15), in accordance with the provisions of the [Convention](/usc/16/5002.md?p=5). - (2) When requested by the appropriate authorities of a [Party](/usc/16/5002.md?p=15), an [authorized officer](/usc/16/5002.md?p=3) may be directed to attend as a witness, and to produce such available records and files or duly certified copies thereof as may be necessary, for the prosecution by that [Party](/usc/16/5002.md?p=15) of any [violation](/usc/16/620e.md?p=11) of the provisions of the [Convention](/usc/16/5002.md?p=5) or any law of that [Party](/usc/16/5002.md?p=15) relating to the enforcement thereof. ## Footnotes [^1]: So in original. Probably should not be capitalized. ## Source credit (Pub. L. 102–567, title VIII, § 809, Oct. 29, 1992, 106 Stat. 4312; Pub. L. 102–587, title VIII, § 8009, Nov. 4, 1992, 106 Stat. 5101; Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114 Stat. 2806.) ## Notes ### Editorial Notes ### Codification Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted substantially identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.