§ 773f. — 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: 16USC773f]
TITLE 16--CONSERVATION
CHAPTER 10--NORTHERN PACIFIC HALIBUT FISHING
SUBCHAPTER IV--NORTHERN PACIFIC HALIBUT ACT OF 1982
Sec. 773f. Civil penalties
(a) Liability; continuing violations; notice; determination of amount
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 773e of this title shall be
liable to the United States for a civil penalty. The amount of the civil
penalty shall not exceed $25,000 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, or his designee,
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, and history of prior offenses,
ability to pay, and such other matters as justice may require.
(b) Judicial review
Any person against whom a civil penalty is assessed under subsection
(a) of this section may obtain review thereof in the appropriate 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 and the Attorney
General. The Secretary shall promptly file in such court a certified
copy of the record upon which such violation was found or such penalty
imposed, in accordance with rules prescribed pursuant to 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.
(c) Recovery of assessed penalties by Attorney General
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
Secretary shall refer the matter to the Attorney General of the United
States, 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.
(d) Compromise, modification, and remission of penalties
The Secretary 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.
(Pub. L. 97-176, Sec. 8, May 17, 1982, 96 Stat. 80.)
