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Code · BILL · 116th Congress · H.R. 1305 (Reported in House) — To implement the Agreement on the Conservation of Albatrosses and Petrels, and for other purposes. · Sec. 301

Sec. 301. Enforcement

496 words·~2 min read·/bill/116/hr/1305/rh/section-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

This Act, and any regulations or permits issued under this Act, shall be enforced by the Secretary, the Secretary of Commerce, and the Secretary of the department in which the Coast Guard is operating. Subject to the limitations of section 1385 of title 18, United States Code, the Secretary, the Secretary of Commerce, and the Secretary of the department in which the Coast Guard is operating may, by agreement, on a reimbursable basis or otherwise, use the personnel, services, equipment (including aircraft and vessels), and facilities of the Coast Guard, and of any State agency in the performance of duties under this Act.
The Secretary of Commerce, the Secretary of the department in which the Coast Guard is operating, and the head of any Federal or State agency that has entered into an agreement with either such Secretary under this section may, if the agreement so provides, authorize officers who are under the administrative jurisdiction of such Secretary or agency to enforce the provisions of this Act or any regulation promulgated under this Act. Any officer so authorized may enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Act ( 16 U.S.C. 1861 ) were incorporated into and made a part of this Act.
The Secretary of the Interior and the head of any Federal or State agency that has entered into an agreement with the Secretary under this section may, if the agreement so provides, authorize officers who are under the administrative jurisdiction of such Secretary or agency to enforce the provisions of this Act or any regulation promulgated under this Act. Any officer so authorized may enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though section 5 of the Migratory Bird Treaty Act ( 16 U.S.C. 706 ) were incorporated into and made a part of this Act.
Any person or vessel that is subject to the jurisdiction of the Secretary of Commerce and that violates this Act or any permit or regulation issued under this Act shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Magnuson-Stevens Act in the same manner and by the same means as though sections 308 through 311 of that Act ( 16 U.S.C. 1858 through 1861) were incorporated into and made a part of this Act. Any person or vessel that is subject to the jurisdiction of the Secretary of the Interior and that violates this Act or permit or regulation issued under this Act shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.) in the same manner and by the same means as though section 6 of that Act ( 16 U.S.C. 707 ) were incorporated into and made a part of this Act.
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