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16 U.S.C. § 1437 — Enforcement

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1437 — Enforcement

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Source location: Title 16, Chapter 32, § 1437; chapter-032-marine-sanctuaries.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1436/3&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1436/3&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1443&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607/f/1&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), 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 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1443&num=0&edition=prelim), 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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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1443 — Destruction or loss of, or injury to, sanctuary resources

**(a) Liability** (1) **Liability to United States** — Any person who destroys, causes the loss of, or injures any sanctuary resource is liable to the United States for an amount equal to the sum of— (A) the amount of response costs and damages resulting from the destruction, loss, or injury; and (B) interest on that amount calculated in the manner described under [section 2705 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2705&num=0&edition=prelim). (2) **Liability in rem** — Any vessel used to destroy, cause the loss of, or injure any sanctuary resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury. The amount of that liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel. (3) **Defenses** — A person is not liable under this subsection if that person establishes that— (A) the destruction or loss of, or injury to, the sanctuary resource was caused solely by an act of God, an act of war, or an act or omission of a third party, and the person acted with due care; (B) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; or (C) the destruction, loss, or injury was negligible. (4) **Limits to liability** — Nothing in sections 4281–4289 of the Revised Statutes of the United States or [section 30706 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30706&num=0&edition=prelim) shall limit the liability of any person under this chapter. **(b) Response actions and damage assessment** (1) **Response actions** — The Secretary may undertake

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 554 — Adjudications

**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved— (1) a matter subject to a subsequent trial of the law and the facts de novo in a court; (2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim); (3) proceedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; or (6) the certification of worker representatives. **(b)** Persons entitled to notice of an agency hearing shall be timely informed of— (1) the time, place, and nature of the hearing; (2) the legal authority and jurisdiction under which the hearing is to be held; and (3) the matters of fact and law asserted. When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives. **(c)** The agency shall give all interested parties opportunity for— (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and (2) to the extent that the parties are unable so to determine a controversy by consent, heari

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14 U.S.C. § 522 — Law enforcement

**(a)** The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering an individual liable to arrest is being, or has been committed, by any individual, such individual shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized. **(b)** The officers of the Coast Guard insofar as they are engaged, pursuant to the authority contained in this section, in enforcing any law of the United States shall: (1) be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and (2) be subject to all the rules and regula

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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16 U.S.C. § 1431 — Findings, purposes, and policies; establishment of system

**(a) Findings** The Congress finds that— (1) this Nation historically has recognized the importance of protecting special areas of its public domain, but these efforts have been directed almost exclusively to land areas above the high-water mark; (2) certain areas of the marine environment possess conservation, recreational, ecological, historical, scientific, educational, cultural, archeological, or esthetic qualities which give them special national, and in some cases international, significance; (3) while the need to control the effects of particular activities has led to enactment of resource-specific legislation, these laws cannot in all cases provide a coordinated and comprehensive approach to the conservation and management of special areas of the marine environment; and (4) a Federal program which establishes areas of the marine environment which have special conservation, recreational, ecological, historical, cultural, archeological, scientific, educational, or esthetic qualities as national marine sanctuaries managed as the National Marine Sanctuary System will— (A) improve the conservation, understanding, management, and wise and sustainable use of marine resources; (B) enhance public awareness, understanding, and appreciation of the marine environment; and (C) maintain for future generations the habitat, and ecological services, of the natural assemblage of living resources that inhabit these areas. **(b) Purposes and policies** The purposes and policies of this chapter are— (1) to identify and designate as national marine sanctuaries areas of the marine environment which are of special national significance and to manage these areas as the National Marine Sanctuary System; (2) to provide authority for comprehensive and coordinated conservat

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14 U.S.C. § 101 — Establishment of Coast Guard

The Coast Guard, established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times.

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43 U.S.C. § 1331 — Definitions

In this subchapter: **(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means— (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and (2) does not include any area conveyed by Congress to a territorial government for administration; **(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be. **(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals. **(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o

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33 U.S.C. § 1401 — Annual reports

**(a) Report by Secretary of Commerce** In March of each year, the Secretary of Commerce shall report to the Congress on his activities under this subchapter during the previous fiscal year. The report shall include— (1) the Secretary’s findings made under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1441&num=0&edition=prelim), including an evaluation of the short-term ecological effects and the social and economic factors involved with the dumping; (2) the results of activities undertaken pursuant to [section 1442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1442&num=0&edition=prelim); (3) with the concurrence of the Administrator and after consulting with officials of other appropriate Federal agencies, an identification of the short- and long-term research requirements associated with activities under subchapter I, and a description of how Federal research under this subchapter and subchapter I will meet those requirements; and (4) activities of the Department of Commerce under [section 665 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section665&num=0&edition=prelim). **(b) Report by Administrator** In March of each year, the Administrator shall report to the Congress on his activities during the previous fiscal year under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1443&num=0&edition=prelim). **(c) Report by Under Secretary** On October 31 of each year, the Under Secretary shall report to the Congress the specific programs that the National Oceanic and Atmospheric Administration and the Environmental Protection Agency carried out pursuant to this subchapter in

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1441 — Special use permits

**(a) Issuance of permits** The Secretary may issue special use permits which authorize the conduct of specific activities in a national marine sanctuary if the Secretary determines such authorization is necessary— (1) to establish conditions of access to and use of any sanctuary resource; or (2) to promote public use and understanding of a sanctuary resource. **(b) Public notice required** The Secretary shall provide appropriate public notice before identifying any category of activity subject to a special use permit under subsection (a). **(c) Permit terms** A permit issued under this section— (1) shall authorize the conduct of an activity only if that activity is compatible with the purposes for which the sanctuary is designated and with protection of sanctuary resources; (2) shall not authorize the conduct of any activity for a period of more than 5 years unless renewed by the Secretary; (3) shall require that activities carried out under the permit be conducted in a manner that does not destroy, cause the loss of, or injure sanctuary resources; and (4) shall require the permittee to purchase and maintain comprehensive general liability insurance, or post an equivalent bond, against claims arising out of activities conducted under the permit and to agree to hold the United States harmless against such claims. **(d) Fees** (1) **Assessment and collection** — The Secretary may assess and collect fees for the conduct of any activity under a permit issued under this section. (2) **Amount** — The amount of a fee under this subsection shall be equal to the sum of— (A) costs incurred, or expected to be incurred, by the Secretary in issuing the permit; (B) costs incurred, or expected to be incurred, by the Secretary as a direct result of the conduct of the

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16 U.S.C. § 1861 — Enforcement

**(a) Responsibility** The provisions of this chapter shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, including all elements of the Department of Defense, and of any State agency, in the performance of such duties. **(b) Powers of authorized officers** (1) Any officer who is authorized (by the Secretary, the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with such Secretaries under subsection (a)) to enforce the provisions of this chapter may— (A) with or without a warrant or other process— (i) arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by [section 1857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857&num=0&edition=prelim); (ii) board, and search or inspect, any fishing vessel which is subject to the provisions of this chapter; (iii) seize any fishing vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this chapter; (iv) seize any fish (wherever found) taken or retained in violation of any provision of this chapter; (v) seize any other evidence related to any violation of any provision of this chapter; and (vi) access, directly or indirectly, for enforcement purposes any data or information required to be

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