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U.S. Code as of:
01/19/04
Section 1437. Enforcement
(a) In general
The Secretary shall conduct such enforcement activities as are
necessary and reasonable to carry out this chapter.
(b) Powers of authorized officers
Any person who is authorized to enforce this chapter may -
(1) board, search, inspect, and seize any vessel suspected of
being used to violate this chapter or any regulation or permit
issued under this chapter and any equipment, stores, and cargo of
such vessel;
(2) seize wherever found any sanctuary resource taken or
retained in violation of this chapter or any regulation or permit
issued under this chapter;
(3) seize any evidence of a violation of this chapter or of any
regulation or permit issued under this chapter;
(4) execute any warrant or other process issued by any court of
competent jurisdiction;
(5) exercise any other lawful authority; and
(6) arrest any person, if there is reasonable cause to believe
that such person has committed an act prohibited by section
1436(3) of this title.
(c) Criminal offenses
(1) Offenses
A person is guilty of an offense under this subsection if the
person commits any act prohibited by section 1436(3) of this
title.
(2) Punishment
Any person that is guilty of an offense under this subsection -
(A) except as provided in subparagraph (B), shall be fined
under title 18, imprisoned for not more than 6 months, or both;
or
(B) in the case of a person who in the commission of such an
offense uses a dangerous weapon, engages in conduct that causes
bodily injury to any person authorized to enforce this chapter
or any person authorized to implement the provisions of this
chapter, or places any such person in fear of imminent bodily
injury, shall be fined under title 18, imprisoned for not more
than 10 years, or both.
(d) Civil penalties
(1) Civil penalty
Any person subject to the jurisdiction of the United States who
violates this chapter or any regulation or permit issued under
this chapter shall be liable to the United States for a civil
penalty of not more than $100,000 for each such violation, to be
assessed by the Secretary. Each day of a continuing violation
shall constitute a separate violation.
(2) Notice
No penalty shall be assessed under this subsection until after
the person charged has been given notice and an opportunity for a
hearing.
(3) In rem jurisdiction
A vessel used in violating this chapter or any regulation or
permit issued under this chapter shall be liable in rem for any
civil penalty assessed for such violation. Such penalty shall
constitute a maritime lien on the vessel and may be recovered in
an action in rem in the district court of the United States
having jurisdiction over the vessel.
(4) Review of civil penalty
Any person against whom a civil penalty is assessed under this
subsection may obtain review in the United States district court
for the appropriate district by filing a complaint in such court
not later than 30 days after the date of such order.
(5) Collection of penalties
If any person fails to pay an assessment of a civil penalty
under this section 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, 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.
(6) Compromise or other action by Secretary
The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty which is or may be imposed under
this section.
(e) Forfeiture
(1) In general
Any vessel (including the vessel's equipment, stores, and
cargo) and other item used, and any sanctuary resource taken or
retained, in any manner, in connection with or as a result of any
violation of this chapter or of any regulation or permit issued
under this chapter shall be subject to forfeiture to the United
States pursuant to a civil proceeding under this subsection. The
proceeds from forfeiture actions under this subsection shall
constitute a separate recovery in addition to any amounts
recovered as civil penalties under this section or as civil
damages under section 1443 of this title. None of those proceeds
shall be subject to set-off.
(2) Application of the customs laws
The Secretary may exercise the authority of any United States
official granted by any relevant customs law relating to the
seizure, forfeiture, condemnation, disposition, remission, and
mitigation of property in enforcing this chapter.
(3) Disposal of sanctuary resources
Any sanctuary resource seized pursuant to this chapter may be
disposed of pursuant to an order of the appropriate court, or, if
perishable, in a manner prescribed by regulations promulgated by
the Secretary. Any proceeds from the sale of such sanctuary
resource shall for all purposes represent the sanctuary resource
so disposed of in any subsequent legal proceedings.
(4) Presumption
For the purposes of this section there is a rebuttable
presumption that all sanctuary resources found on board a vessel
that is used or seized in connection with a violation of this
chapter or of any regulation or permit issued under this chapter
were taken or retained in violation of this chapter or of a
regulation or permit issued under this chapter.
(f) Payment of storage, care, and other costs
(1) Expenditures
(A) Notwithstanding any other law, amounts received by the
United States as civil penalties, forfeitures of property, and
costs imposed under paragraph (2) shall be retained by the
Secretary in the manner provided for in section 9607(f)(1) of
title 42.
(B) Amounts received under this section for forfeitures and
costs imposed under paragraph (2) shall be used to pay the
reasonable and necessary costs incurred by the Secretary to
provide temporary storage, care, maintenance, and disposal of any
sanctuary resource or other property seized in connection with a
violation of this chapter or any regulation or permit issued
under this chapter.
(C) Amounts received under this section as civil penalties and
any amounts remaining after the operation of subparagraph (B)
shall be used, in order of priority, to -
(i) manage and improve the national marine sanctuary with
respect to which the violation occurred that resulted in the
penalty or forfeiture;
(ii) pay a reward to any person who furnishes information
leading to an assessment of a civil penalty, or to a forfeiture
of property, for a violation of this chapter or any regulation
or permit issued under this chapter; and
(iii) manage and improve any other national marine sanctuary.
(2) Liability for costs
Any person assessed a civil penalty for a violation of this
chapter or of any regulation or permit issued under this chapter,
and any claimant in a forfeiture action brought for such a
violation, shall be liable for the reasonable costs incurred by
the Secretary in storage, care, and maintenance of any sanctuary
resource or other property seized in connection with the
violation.
(g) Subpoenas
In the case of any hearing under this section which is determined
on the record in accordance with the procedures provided for under
section 554 of title 5, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, electronic files, and documents, and may
administer oaths.
(h) Use of resources of State and other Federal agencies
The Secretary shall, whenever appropriate, use by agreement the
personnel, services, and facilities of State and other Federal
departments, agencies, and instrumentalities, on a reimbursable or
nonreimbursable basis, to carry out the Secretary's
responsibilities under this section.
(i) Coast Guard authority not limited
Nothing in this section shall be considered to limit the
authority of the Coast Guard to enforce this or any other Federal
law under section 89 of title 14.
(j) Injunctive relief
If the Secretary determines that there is an imminent risk of
destruction or loss of or injury to a sanctuary resource, or that
there has been actual destruction or loss of, or injury to, a
sanctuary resource which may give rise to liability under section
1443 of this title, the Attorney General, upon request of the
Secretary, shall seek to obtain such relief as may be necessary to
abate such risk or actual destruction, loss, or injury, or to
restore or replace the sanctuary resource, or both. The district
courts of the United States shall have jurisdiction in such a case
to order such relief as the public interest and the equities of the
case may require.
(k) Area of application and enforceability
The area of application and enforceability of this chapter
includes the territorial sea of the United States, as described in
Presidential Proclamation 5928 of December 27, 1988, which is
subject to the sovereignty of the United States, and the United
States exclusive economic zone, consistent with international law.
(l) Nationwide service of process
In any action by the United States under this chapter, process
may be served in any district where the defendant is found,
resides, transacts business, or has appointed an agent for the
service of process.
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