§ 4016. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4016]
TITLE 16--CONSERVATION
CHAPTER 60--FISH AND SEAFOOD PROMOTION
Sec. 4016. Enforcement
(a) Authority
(1) The district courts of the United States shall have jurisdiction
specifically to enforce and to prevent and restrain any person from
violating any assessment, order or regulation made or issued under this
chapter.
(2)(A) If a council has reason to believe that a person subject to
an assessment, order or regulation made or issued under this chapter is
violating such assessment, order or regulation, it may refer the matter
to the Secretary.
(B) Except as provided in subparagraphs (C) or (D) of this
paragraph, any civil action authorized to be brought under this
subsection, when referred by a council under subparagraph (A) of this
paragraph, shall be referred to the Attorney General for appropriate
action.
(C) If the Secretary believes that the administration and
enforcement of the provisions of this chapter would be adequately served
by taking administrative action under subsection (b) of this section or
by providing written notice or warning to any person committing a
violation of this chapter, the Secretary is not required to refer such
violation to the Attorney General.
(D) Whenever a matter has been referred by a council under
subparagraph (A) of this paragraph and the Secretary or the Attorney
General fails within 60 days of such referral to take appropriate
action, the council may, upon filing notice with the Secretary or
Attorney General, as appropriate, and other interested parties, bring an
action in its own name.
(b) Recovery of costs
(1)(A) When a council brings an action under subsection (a)(2) of
this section, the council may recover costs of litigation and, where the
action is brought to collect an unpaid assessment, interest from the
date the amount became due and payable.
(B) Any person who violates any provision of an order (including a
cease and desist order previously issued under this paragraph) or
regulation issued by the Secretary under this chapter, or who fails or
refuses to pay, collect, or remit any assessment required under this
chapter, may be assessed a civil penalty by the Secretary of not less
than $500 nor more than $5,000 for each such violation. Each violation
shall be a separate offense. In addition to, or in lieu of, a civil
penalty under this subparagraph, the Secretary may issue an order
requiring such person to cease and desist from continuing such
violation.
(C) No penalty shall be assessed, or cease and desist order issued,
under this paragraph unless the affected person is given notice and
opportunity for a hearing before the Secretary with respect to such
violation.
(D) Any order of the Secretary under this paragraph assessing a
penalty or imposing a cease and desist order shall be final and
conclusive, unless the affected person files an appeal from the
Secretary's order with the appropriate United States court of appeals.
(2)(A) Any person against whom a violation is found under paragraph
(1) of this subsection may obtain review of such action in the United
States court of appeals for the circuit in which such person resides or
has his place of business, or in the United States Court of Appeals for
the District of Columbia Circuit, by filing a notice of appeal in such
court within thirty days after the date of such order and by
simultaneously sending a copy of such notice by certified mail to the
Secretary.
(B) The Secretary shall promptly file in the court a certified copy
of the record upon which such violation was found.
(C) The findings of the Secretary shall be set aside only if found
to be unsupported by substantial evidence or not in accordance with law.
(3)(A) If any person fails to pay a civil penalty under this
subsection after it has become final, the Secretary shall refer the
matter to the Attorney General.
(B) The Attorney General shall institute appropriate action to
recover the amount assessed under this subsection in a district court of
the United States.
(C) If, within sixty days after such referral, the Attorney General
fails to institute such appropriate action, the council to whose
programs the assessment, order or regulation relates may institute an
action in its own name.
(Pub. L. 99-659, title II, Sec. 217, Nov. 14, 1986, 100 Stat. 3730.)
Section Referred to in Other Sections
This section is referred to in section 4011 of this title.
