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<br />4, On August 9, 2004, the President signed into law the "Coast Guard <br />Maritime Transportation Security Act of 2004," codified at 46 U.S,C. S <br />70119 (amended 2006, 46 U.S.C, S 70118) which, among other things, <br />states that any state or local government law enforcement officer who has <br />authority to enforce state criminal laws to enforce violations of a <br />Magnuson Act security zone or PWSA safety or security zone (or section <br />10(d) of the Deepwater Port Act of 1974 (33 U.S,C. 1509(d))) if such <br />violation is a felony; and the officer has reasonable grounds to believe that <br />the person to be arrested has committed or is committing such violation, <br /> <br />5, Other Coast Guard Powers Not Delegated, This agreement does not <br />constitute a delegation of Coast Guard authorities to take any law <br />enforcement action pursuant to 14 U,S,C. 89(a) or to direct the movement <br />of vessels under the authority of the Captain of the Port pursuant to federal <br />law or regulation. <br /> <br />B. Law Enforcement Officers: Pursuant to SI5.2-1726 of the Virginia Code, any <br />locality may enter into an agreement with any agency of the federal <br />government exercising police powers for cooperation in the furilishing of law <br />enforcement services, This agreement is concluded pursuant to S 15.2-1726, <br /> <br />VI. RESPONSIBILITIES: <br /> <br />A. USCG, <br /> <br />1, COTP Hampton Roads shall develop and promulgate an operation <br />order for the voluntary support of law enforcement personnel and assets to <br />assist in the enforcement of Coast Guard safety and security zones before <br />any law enforcement unit may engage in any enforcement activities or <br />operation under this agreement. <br /> <br />2. Mission planning, coordination and execution between the USCG and <br />the City of Portsmouth will be managed by the COTP Hampton Roads. <br />Law enforcement officers shall only be authorized to engage in <br />enforcement assistance relative to a Coast Guard created safetyor security <br />zone to the extent its operations are pursuant to an approved operation <br />order. Except as provided in subparagraph VI-A-4, this in no way limits <br />or precludes the ability of Portsmouth police officers to take action under <br />state law while within a Coast Guard safety or security zone, <br /> <br />3. As determined by the USCG, law enforcement personnel and USCG <br />units will maintain a cQmmunications schedule during all joint or <br />cooperative enforcement operations. The Coast Guard, and the Chief of <br />Police, will ensure that, to the extent possible, law enforcement personnel <br />and assets operating pursuant to this agreement possess communications <br />equipment compatible with that of the local USCG units and the COTP <br />Hampton Roads. Compatibility shall not be construed as authority to use <br />USCG frequencies provided in 47 CFR Part 80, except as specified by <br /> <br />3 <br />
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