Laws: Cases and Codes : U.S. Code : Title 16 : Section 1437
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U.S. Code as of:
01/19/04
Section 1437 - Notes
SOURCE
(Pub. L. 92-532, title III, Sec. 307, as added Pub. L. 98-498,
title I, Sec. 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L.
100-627, title II, Sec. 207, Nov. 7, 1988, 102 Stat. 3219; Pub. L.
102-587, title II, Sec. 2107(a)-(c), (e), Nov. 4, 1992, 106 Stat.
5043, 5044; Pub. L. 104-283, Sec. 9(c), Oct. 11, 1996, 110 Stat.
3367; Pub. L. 106-513, Sec. 8, Nov. 13, 2000, 114 Stat. 2387.)
REFERENCES IN TEXT
Presidential Proclamation 5928 of December 27, 1988, referred to
in subsec. (k), is set out as a note under section 1331 of Title
43, Public Lands.
AMENDMENTS
2000 - Subsec. (b)(6). Pub. L. 106-513, Sec. 8(a), added par.
(6).
Subsecs. (c) to (f). Pub. L. 106-513, Sec. 8(b), added subsec.
(c) and redesignated former subsecs. (c) to (e) as (d) to (f),
respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 106-513, Sec. 8(b), (c), redesignated
subsec. (f) as (g) and inserted "electronic files," after "books,".
Former subsec. (g) redesignated (h).
Subsecs. (h) to (k). Pub. L. 106-513, Sec. 8(b), redesignated
subsecs. (g) to (j) as (h) to (k), respectively.
Subsec. (l). Pub. L. 106-513, Sec. 8(c), added subsec. (l).
1996 - Subsec. (e)(1)(A). Pub. L. 104-283 made technical
amendment to reference in original act which appears in text as
reference to section 9607(f)(1) of title 42.
1992 - Subsec. (c)(1). Pub. L. 102-587, Sec. 2107(a)(1),
substituted "$100,000" for "$50,000".
Subsec. (c)(3). Pub. L. 102-587, Sec. 2107(a)(2), struck out "and
may be proceeded against in any district court of the United States
having jurisdiction" after "assessed for such violation" and
inserted at end "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."
Subsec. (d)(1). Pub. L. 102-587, Sec. 2107(b), inserted at end
"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."
Subsec. (e)(1). Pub. L. 102-587, Sec. 2107(c), added par. (1) and
struck out former par. (1) which read as follows: "In general. -
Notwithstanding any other law, the Secretary may use amounts
received under this section in the form of civil penalties,
forfeitures of property, and costs imposed under paragraph (2) to
pay -
"(A) the reasonable and necessary costs incurred by the
Secretary in providing temporary storage, care, and maintenance
of any sanctuary resource or other property seized under this
section pending disposition of any civil proceeding relating to
any alleged violation with respect to which such property or
sanctuary resource was seized; and
"(B) 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 of any regulation or
permit issued under this chapter."
Subsec. (j). Pub. L. 102-587, Sec. 2107(e), added subsec. (j).
1988 - Pub. L. 100-627 amended section generally, substituting
provisions consisting of subsecs. (a) to (i) relating to
enforcement activities in general, powers of authorized officers,
civil penalties, forfeiture, payment of storage, care, and other
costs, subpoenas, use of resources of State and other Federal
agencies, Coast Guard authority, and injunctive relief for former
provisions consisting of subsecs. (a) to (c) relating to
enforcement activities in general, civil penalties, and
jurisdiction.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
STUDY OF JOINT ENFORCEMENT OF MARINE SANCTUARY REGULATIONS
Pub. L. 102-241, Sec. 51, Dec. 19, 1991, 105 Stat. 2227, directed
Secretary of Transportation and Secretary of Commerce, not later
than one year after Dec. 19, 1991, to submit to Congress a joint
report describing methods by which Coast Guard enforcement efforts
under the Marine Protection, Research, and Sanctuaries Act of 1972
(16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801
et seq.) could be enhanced and coordinated with those of the
National Oceanic and Atmospheric Administration.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1441 of this title.
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