§ 973f. — 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: 16USC973f]
TITLE 16--CONSERVATION
CHAPTER 16C--SOUTH PACIFIC TUNA FISHING
Sec. 973f. Civil penalties
(a) Determination of liability; amount; participation by Secretary of
State in assessment proceeding
Any person who is found by the Secretary, after notice and an
opportunity for a hearing in accordance with section 554 of title 5, to
have committed an act prohibited by section 973c of this title, shall be
liable to the United States Code \1\ for a civil penalty. Before issuing
a notice of violation, the Secretary shall consult with the Secretary of
State. The amount of the civil penalty shall be determined in accordance
with considerations set forth in the Treaty and shall take into account
the nature, circumstances, extent, and gravity of the prohibited acts
committed, and with respect to the violator, the degree of culpability,
any history of prior offenses, ability to pay, and such other matters as
justice may require. Except for those acts prohibited by section
973c(a)(4), (5), (7), (8), (10), (11), and (12), and section 973c(b)(1),
(2), (3), and (7) of this title, the amount of the civil penalty shall
not exceed $250,000 for each violation. Upon written notice, the
Secretary of State shall have the right to participate in any proceeding
initiated to assess a civil penalty for violation of this chapter.
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\1\ So in original. ``Code'' probably should not appear.
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(b) Judicial review of assessment; procedures applicable
Any person against whom a civil penalty is assessed under subsection
(a) of this section may obtain review thereof in the United States
district court for the appropriate district by filing a complaint in
such court within 30 days from the date of the order and by
simultaneously serving a copy of the complaint by certified mail on the
Secretary, the Attorney General of the United States, and the
appropriate United States Attorney. The Secretary shall promptly file in
the court a certified copy of the record upon which the violation was
found or the penalty imposed. The findings and order of the Secretary
shall be set aside or modified by the court if they are not found to be
supported by substantial evidence, as provided in section 706(2) of
title 5.
(c) Failure to pay assessment of civil penalty; recovery by Attorney
General
Except as provided in subsection (g) of this section, 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.
(d) In rem liability for civil penalty; jurisdiction; maritime lien on
vessel
Except as provided in subsection (g) of this section, a fishing
vessel (including its fishing gear, furniture, appurtenances, stores,
and cargo) used in the commission of an act prohibited by section 973c
of this title shall be liable in rem for any civil penalty assessed for
the violation under this section and may be proceeded against in any
district court of the United States having jurisdiction thereof. The
penalty shall constitute a maritime lien on the vessel which may be
recovered in an action in rem in the district court of the United States
having jurisdiction over the vessel.
(e) Compromise, etc., of civil penalty
The Secretary, after consultation with the Secretary of State, 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.
(f) Conduct of hearings
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 a
person pursuant to this subsection, the district court of the United
States for any district in which the person is found, resides, or
transacts business, upon application by the United States and after
notice to the person, shall have jurisdiction to issue an order
requiring the 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 the order of the court may be punished by the court
as a contempt thereof.
(g) Waiver of referral to Attorney General
If a vessel used in a violation of section 973c(a)(1), (2), (3),
(4), (5), (6), (7), (8), (9), or (13) or section 973c(b) of this title
for which a civil penalty has been assessed--
(1) had a valid license under the Treaty at the time of the
violation, and
(2) within 60 days after the penalty assessment has become
final, leaves and remains outside of the Licensing Area, all Limited
Areas closed to fishing, and all Closed Areas until the final
penalty has been paid,
there shall be no referral to the Attorney General under subsection (c)
of this section or in rem action under subsection (d) of this section in
connection with such civil penalty.
(Pub. L. 100-330, Sec. 8, June 7, 1988, 102 Stat. 594; Pub. L. 100-350,
Sec. 4(1), (2), June 27, 1988, 102 Stat. 660.)
Amendments
1988--Subsec. (a). Pub. L. 100-350, Sec. 4(1), substituted ``and
gravity'' for ``any gravity'' and ``history of prior'' for ``history or
prior''.
Subsec. (g)(1). Pub. L. 100-350, Sec. 4(2), substituted ``Treaty''
for ``Treasury''.
Section Referred to in Other Sections
This section is referred to in section 973o of this title.
