|
U.S. Code as of:
01/19/04
Section 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.
(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.
|
|