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U.S. Code as of:
01/19/04
Section 1376. Seizure and forfeiture of cargo
(a) Application of consistent provisions
Any vessel or other conveyance subject to the jurisdiction of the
United States that is employed in any manner in the unlawful taking
of any marine mammal shall have its entire cargo or the monetary
value thereof subject to seizure and forfeiture. All provisions of
law relating to the seizure, judicial forfeiture, and condemnation
of cargo for violation of the customs laws, the disposition of such
cargo, and the proceeds from the sale thereof, and the remission or
mitigation of any such forfeiture, shall apply with respect to the
cargo of any vessel or other conveyance seized in connection with
the unlawful taking of a marine mammal insofar as such provisions
of law are applicable and not inconsistent with the provisions of
this subchapter.
(b) Penalties
Any vessel subject to the jurisdiction of the United States that
is employed in any manner in the unlawful taking of any marine
mammal shall be liable for a civil penalty of not more than
$25,000. Such penalty shall be assessed by the district court of
the United States having jurisdiction over the vessel. Clearance of
a vessel against which a penalty has been assessed, from a port of
the United States, may be withheld until such penalty is paid, or
until a bond or otherwise satisfactory surety is posted. Such
penalty shall constitute a maritime lien on such vessel which may
be recovered by action in rem in the district court of the United
States having jurisdiction over the vessel.
(c) Reward for information leading to conviction
Upon the recommendation of the Secretary, the Secretary of the
Treasury is authorized to pay an amount equal to one-half of the
fine incurred but not to exceed $2,500 to any person who furnishes
information which leads to a conviction for a violation of this
subchapter. Any officer or employee of the United States or of any
State or local government who furnishes information or renders
service in the performance of his official duties shall not be
eligible for payment under this section.
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