§ 5507. — Civil penalties and permit sanctions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5507]
TITLE 16--CONSERVATION
CHAPTER 75--HIGH SEAS FISHING COMPLIANCE
Sec. 5507. Civil penalties and permit sanctions
(a) Civil penalties
(1) Any person who is found by the Secretary, after notice and
opportunity for a hearing in accordance with section 554 of title 5, to
have committed an act prohibited by section 5505 of this title shall be
liable to the United States for a civil penalty. The amount of the civil
penalty shall not exceed $100,000 for each violation. Each day of a
continuing violation shall constitute a separate offense. The amount of
such civil penalty shall be assessed by the Secretary by written notice.
In determining the amount of such penalty, the Secretary shall take into
account the nature, circumstances, extent, and gravity of the prohibited
acts committed and, with respect to the violation, the degree of
culpability, any history of prior offenses, and such other matters as
justice may require.
(2) The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty that is subject to imposition or that has
been imposed under this section.
(b) Permit sanctions
(1) In any case in which--
(A) a vessel of the United States has been used in the
commission of an act prohibited under section 5505 of this title;
(B) the owner or operator of a vessel or any other person who
has been issued or has applied for a permit under section 5503 of
this title has acted in violation of section 5505 of this title; or
(C) any amount in settlement of a civil forfeiture imposed on a
high seas fishing vessel or other property, or any civil penalty or
criminal fine imposed on a high seas fishing vessel or on an owner
or operator of such a vessel or on any other person who has been
issued or has applied for a permit under any fishery resource
statute enforced by the Secretary, has not been paid and is overdue,
the Secretary may--
(i) revoke any permit issued to or applied for by such
vessel or person under this chapter, with or without prejudice
to the issuance of subsequent permits;
(ii) suspend such permit for a period of time considered by
the Secretary to be appropriate;
(iii) deny such permit; or
(iv) impose additional conditions and restrictions on such
permit.
(2) In imposing a sanction under this subsection, the Secretary
shall take into account--
(A) the nature, circumstances, extent, and gravity of the
prohibited acts for which the sanction is imposed; and
(B) with respect to the violator, the degree of culpability, any
history of prior offenses, and such other matters as justice may
require.
(3) Transfer of ownership of a high seas fishing vessel, by sale or
otherwise, shall not extinguish any permit sanction that is in effect or
is pending at the time of transfer of ownership. Before executing the
transfer of ownership of a vessel, by sale or otherwise, the owner shall
disclose in writing to the prospective transferee the existence of any
permit sanction that will be in effect or pending with respect to the
vessel at the time of the transfer. The Secretary may waive or
compromise a sanction in the case of a transfer pursuant to court order.
(4) In the case of any permit that is suspended under this
subsection for nonpayment of a civil penalty or criminal fine, the
Secretary shall reinstate the permit upon payment of the penalty or fine
and interest thereon at the prevailing rate.
(5) No sanctions shall be imposed under this subsection unless there
has been prior opportunity for a hearing on the facts underlying the
violation for which the sanction is imposed, either in conjunction with
a civil penalty proceeding under this section or otherwise.
(c) Hearing
For the purposes of conducting any hearing under this section, the
Secretary 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 contempt 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 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
or to appear and produce documents before the Secretary, or both, and
any failure to obey such order of the court may be punished by such
court as a contempt thereof.
(d) Judicial review
Any person against whom a civil penalty is assessed under subsection
(a) of this section or against whose vessel a permit sanction is imposed
under subsection (b) of this section (other than a permit suspension for
nonpayment of penalty or fine) may obtain review thereof in the United
States district court for the appropriate district by filing a complaint
against the Secretary in such court within 30 days from the date of such
penalty or sanction. The Secretary shall promptly file in such court a
certified copy of the record upon which such penalty or sanction was
imposed, as provided in section 2112 of title 28. The findings and order
of the Secretary shall be set aside by such court if they are not found
to be supported by substantial evidence, as provided in section 706(2)
of title 5.
(e) Collection
(1) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order, or after the
appropriate court has entered final judgment in favor of the Secretary,
the matter shall be referred to the Attorney General, who shall recover
the amount assessed in any appropriate district court of the United
States. In such action the validity and appropriateness of the final
order imposing the civil penalty shall not be subject to review.
(2) A high seas fishing vessel (including its fishing gear,
furniture, appurtenances, stores, and cargo) used in the commission of
an act prohibited by section 5505 of this title shall be liable in rem
for any civil penalty assessed for such violation under subsection (a)
of this section and may be proceeded against in any district court of
the United States having jurisdiction thereof. Such penalty shall
constitute a maritime lien on such vessel that may be recovered in an
action in rem in the district court of the United States having
jurisdiction over the vessel.
(Pub. L. 104-43, title I, Sec. 108, Nov. 3, 1995, 109 Stat. 373.)
