§ 1464. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1464]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 26--DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III--ENFORCEMENT AND MISCELLANEOUS PROVISIONS
Sec. 1464. Enforcement
(a) Responsibility
Subject to the other provisions of this subsection, the
Administrator shall enforce the provisions of this chapter. The
Secretary of the department in which the Coast Guard is operating shall
exercise such other enforcement responsibilities with respect to vessels
subject to the provisions of this chapter as are authorized under other
provisions of law and may, upon the specific request of the
Administrator, assist the Administrator in the enforcement of the
provisions of this chapter. The Secretary of the department in which the
Coast Guard is operating shall have the exclusive responsibility for
enforcement measures which affect the safety of life and property at
sea. The Administrator and the Secretary of the department in which the
Coast Guard is operating may, by agreement, on a reimbursable basis or
otherwise, utilize the personnel, services, equipment, including
aircraft and vessels, and facilities of any other Federal agency or
department, and may authorize officers or employees of other departments
or agencies to provide assistance as necessary in carrying out
subsection (b) of this section. While providing such assistance, these
officers and employees shall be under the control, authority, and
supervision of the Coast Guard. The Administrator and the Secretary of
the department in which the Coast Guard is operating may issue
regulations jointly or severally as may be necessary and appropriate to
carry out their duties under this section.
(b) Powers of authorized officers
To enforce this chapter on board any vessel subject to the
provisions of this chapter, any officer who is authorized by the
Administrator or by the Secretary of the department in which the Coast
Guard is operating may--
(1) board and inspect any vessel which is subject to the
provisions of this chapter;
(2) search any such 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 1461 of this title if
the officer has reasonable cause to believe that the person has
committed a criminal offense under section 1463 of this title;
(4) seize any such 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 hard mineral resource recovered or processed in
violation of any provision of this chapter;
(6) seize any other evidence related to any violation of any
provision of this chapter;
(7) execute any warrant or other process issued by any court of
competent jurisdiction; and
(8) exercise any other lawful authority.
(c) Definitions
For purposes of this section, the term ``provisions of this
chapter'' or ``provision of this chapter'' means (1) any provision of
subchapter I or II of this chapter or this subchapter, (2) any
regulation issued under subchapter I of this chapter, subchapter II of
this chapter, or this subchapter, and (3) any term, condition, or
restriction of any license or permit issued under subchapter I of this
chapter.
(d) Proprietary information
Proprietary and privileged information seized or maintained under
this subchapter concerning a person or vessel engaged in exploration or
commercial recovery shall not be made available for general or public
use or inspection. The Administrator and the Secretary of the department
in which the Coast Guard is operating shall issue regulations to insure
the confidentiality of privileged and proprietary information.
(Pub. L. 96-283, title III, Sec. 304, June 28, 1980, 94 Stat. 578.)
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 1461, 1466 of this title.
