§ 2407. — Civil penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2407]
TITLE 16--CONSERVATION
CHAPTER 44--ANTARCTIC CONSERVATION
Sec. 2407. Civil penalties
(a) Assessment of penalties
Any person who is found by the Director, after notice and
opportunity for a hearing in accordance with subsection (b) of this
section, to have committed any act prohibited by section 2403(a) of this
title or to have violated any regulation prescribed under section 2406
of this title shall be liable to the United States for a civil penalty.
The amount of the civil penalty shall not exceed $5,000 for each
violation unless the prohibited act was knowingly committed, in which
case the amount of the civil penalty shall not exceed $10,000 for each
violation. Each day of a continuing violation shall constitute a
separate offense. The amount of any civil penalty shall be assessed by
the Director by written notice. Any civil penalty assessed under this
subsection may be remitted or mitigated by the Director.
(b) Hearings
Hearings for the assessment of civil penalties under subsection (a)
shall be conducted in accordance with section 554 of title 5. For the
purposes of conducting any such hearing, the Director may issue subpenas
for the attendance and testimony of witnesses and the production of
relevant papers, books, and documents, and may administer oaths.
Witnesses summoned shall be paid the same fees and mileage that are paid
to witnesses in the courts of the United States. In case of contumacy or
refusal to obey a subpena served upon any person pursuant to this
subsection, the district court of the United States for any district in
which such person is found, resides, or transacts business, upon
application by the United States and after notice to such person, shall
have jurisdiction to issue an order requiring such person to appear and
give testimony before the Director or to appear and produce documents
before the Director, or both, and any failure to obey such order of the
court may be punished by such court as a contempt thereof.
(c) Review
Upon the failure of any person against whom a civil penalty is
assessed under subsection (a) of this section to pay such penalty, the
Director may request the Attorney General to institute a civil action in
a district court of the United States for any district in which such
person is found, resides, or transacts business to collect the penalty
and such court shall have jurisdiction to hear and decide any such
action. The court shall hear such action on the record made before the
Director and shall sustain the decision of the Director if it is
supported by substantial evidence on the record considered as a whole.
(d) Penalties under other laws
The assessment of a civil penalty under subsection (a) of this
section for any act shall not be deemed to preclude the assessment of a
civil penalty for such act under any other law, including, but not
limited to, the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et
seq.], the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], and
the Migratory Bird Treaty Act [16 U.S.C. 703 et seq.].
(Pub. L. 95-541, Sec. 8, Oct. 28, 1978, 92 Stat. 2054.)
References in Text
The Marine Mammal Protection Act of 1972, referred to in subsec.
(d), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended, which
is classified generally to chapter 31 (Sec. 1361 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1361 of this title and Tables.
The Endangered Species Act of 1973, referred to in subsec. (d), is
Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified generally to chapter 35 (Sec. 1531 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1531 of this title and Tables.
The Migratory Bird Treaty Act, referred to in subsec. (d), is act
July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified
generally to subchapter II (Sec. 703 et seq.) of chapter 7 of this
title. For complete classification of this Act to the Code, see section
710 of this title and Tables.
