§ 1376. — Seizure and forfeiture of cargo.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1376]
TITLE 16--CONSERVATION
CHAPTER 31--MARINE MAMMAL PROTECTION
SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
Sec. 1376. Seizure and forfeiture of cargo
(a) Application of consistent provisions
Any vessel or other conveyance subject to the jurisdiction of the
United States that is employed in any manner in the unlawful taking of
any marine mammal shall have its entire cargo or the monetary value
thereof subject to seizure and forfeiture. All provisions of law
relating to the seizure, judicial forfeiture, and condemnation of cargo
for violation of the customs laws, the disposition of such cargo, and
the proceeds from the sale thereof, and the remission or mitigation of
any such forfeiture, shall apply with respect to the cargo of any vessel
or other conveyance seized in connection with the unlawful taking of a
marine mammal insofar as such provisions of law are applicable and not
inconsistent with the provisions of this subchapter.
(b) Penalties
Any vessel subject to the jurisdiction of the United States that is
employed in any manner in the unlawful taking of any marine mammal shall
be liable for a civil penalty of not more than $25,000. Such penalty
shall be assessed by the district court of the United States having
jurisdiction over the vessel. Clearance of a vessel against which a
penalty has been assessed, from a port of the United States, may be
withheld until such penalty is paid, or until a bond or otherwise
satisfactory surety is posted. Such penalty shall constitute a maritime
lien on such vessel which may be recovered by action in rem in the
district court of the United States having jurisdiction over the vessel.
(c) Reward for information leading to conviction
Upon the recommendation of the Secretary, the Secretary of the
Treasury is authorized to pay an amount equal to one-half of the fine
incurred but not to exceed $2,500 to any person who furnishes
information which leads to a conviction for a violation of this
subchapter. Any officer or employee of the United States or of any State
or local government who furnishes information or renders service in the
performance of his official duties shall not be eligible for payment
under this section.
(Pub. L. 92-522, title I, Sec. 106, Oct. 21, 1972, 86 Stat. 1036.)
Section Referred to in Other Sections
This section is referred to in sections 1379, 1387 of this title.
