§ 2437. — 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: 16USC2437]
TITLE 16--CONSERVATION
CHAPTER 44A--ANTARCTIC MARINE LIVING RESOURCES CONVENTION
Sec. 2437. Civil penalties
(a) Assessment of penalties
(1) Any person who is found by the Secretary of Commerce, after
notice and opportunity for a hearing in accordance with subsection (b)
of this section, to have committed any act prohibited by section 2435 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 violation
for purposes of this subsection. The amount of any civil penalty shall
be assessed by the Secretary of Commerce by written notice. In
determining the amount of such penalty, the Secretary of Commerce shall
take into account the nature, circumstances, extent, and gravity of the
prohibited acts committed, and, with respect to the person committing
the violation, the degree of culpability, any history of prior offenses,
ability to pay, and such other matters as justice may require, to the
extent that such information is reasonably available to the Secretary.
(2) The Secretary of Commerce may compromise, modify, or remit, with
or without conditions, any civil penalty which is subject to imposition
or which has been imposed under this section, until such time as the
matter is referred to the Attorney General under subsection (c) of this
section.
(b) Hearings
Hearings for the assessment of civil penalties under subsection (a)
of this section shall be conducted in accordance with section 554 of
title 5. For the purposes of conducting any such hearing, the Secretary
of Commerce may issue subpoenas 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 subpoena 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 Attorney General of 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 Secretary of Commerce or to appear and produce documents
before the Secretary of Commerce, or both, and any failure to obey such
order of the court may be punished by such court as a contempt thereof.
(c) Review of civil penalty
Any person against whom a civil penalty is assessed under subsection
(a) of this section may obtain review thereof in the appropriate
district court of the United States by filing a notice of appeal in such
court within 30 days from the date of such order and by simultaneously
sending a copy of such notice by certified mail to the Secretary of
Commerce, the Attorney General, and the appropriate United States
Attorney. The Secretary of Commerce shall promptly refer the matter to
the Attorney General of the United States, who shall file in such court
a certified copy of the record upon which the violation was found or
such penalty imposed, as provided in section 2112 of title 28. The court
shall set aside the findings and order of the Secretary if the findings
and order are found to be unsupported by substantial evidence, as
provided in section 706(2)(E) of title 5.
(d) Recovery of civil penalties
The Attorney General of the United States may seek to recover in any
appropriate district court of the United States (1) any civil penalty
imposed under this section that has become a final and unappealable
order and has been referred to the Attorney General by the Secretary of
Commerce or (2) any final judgment rendered under this section in favor
of the United States by an appropriate Court.
(e) 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.
(Pub. L. 98-623, title III, Sec. 308, Nov. 8, 1984, 98 Stat. 3401.)
