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46 U.S.C. § 53707 — Findings related to obligors and operators
Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsible Obligor.—** The Secretary or Administrator may not guarantee or make a commitment to guarantee an obligation under this chapter unless the Secretary or Administrator finds that the obligor is responsible and has the ability, experience, financial resources, and other qualifications necessary for the adequate operation and maintenance of each vessel that will serve as security for the guarantee.
**(b) Operators of Liner Vessels.—** The Administrator may not guarantee or make a commitment to guarantee a loan for the construction, reconstruction, or reconditioning of a liner vessel under this chapter unless the Chairman of the Federal Maritime Commission certifies that the operator of the vessel has not been found by the Commission to have committed, within the previous 5 years—
(1) a violation of part A of subtitle IV of this title that involves unjust or unfair discriminatory treatment or undue or unreasonable prejudice or disadvantage with respect to a United States shipper, ocean transportation intermediary, ocean common carrier, or port; or
(2) a violation of part B of subtitle IV of this title.
**(c) Operators of Fishing Vessels.—** The Secretary may not guarantee or make a commitment to guarantee a loan for the construction, reconstruction, or reconditioning of a fishing vessel under this chapter if the operator of the vessel has been—
(1) held liable, or the vessel has been held liable in rem, for a civil penalty under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1858](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858&num=0&edition=prelim)) and the operator has not paid the penalty;
(2) found guilty of an offense under section 309 of the Magnuson-Stevens Fishery Conser
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**(a) Responsible Obligor.—** The Secretary or Administrator may not guarantee or make a commitment to guarantee an obligation under this chapter unless the Secretary or Administrator finds that the obligor is responsible and has the ability, experience, financial resources, and other qualifications necessary for the adequate operation and maintenance of each vessel that will serve as security for the guarantee.
**(b) Operators of Liner Vessels.—** The Administrator may not guarantee or make a commitment to guarantee a loan for the construction, reconstruction, or reconditioning of a liner vessel under this chapter unless the Chairman of the Federal Maritime Commission certifies that the operator of the vessel has not been found by the Commission to have committed, within the previous 5 years—
(1) a violation of part A of subtitle IV of this title that involves unjust or unfair discriminatory treatment or undue or unreasonable prejudice or disadvantage with respect to a United States shipper, ocean transportation intermediary, ocean common carrier, or port; or
(2) a violation of part B of subtitle IV of this title.
**(c) Operators of Fishing Vessels.—** The Secretary may not guarantee or make a commitment to guarantee a loan for the construction, reconstruction, or reconditioning of a fishing vessel under this chapter if the operator of the vessel has been—
(1) held liable, or the vessel has been held liable in rem, for a civil penalty under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1858](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858&num=0&edition=prelim)) and the operator has not paid the penalty;
(2) found guilty of an offense under section 309 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1859](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1859&num=0&edition=prelim)) and not paid the assessed fine or served the assessed sentence;
(3) held liable for a civil or criminal penalty under section 105 of the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1375](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1375&num=0&edition=prelim)) and not paid the assessed fine or served the assessed sentence; or
(4) held liable for a civil penalty by the Coast Guard under this title or title 33 and not paid the assessed fine.
**(d) Waivers Concerning Financial Condition.—** The Secretary or Administrator shall prescribe regulations concerning circumstances under which waivers of, or exceptions to, otherwise applicable regulatory requirements concerning financial condition can be made. The regulations shall require that—
(1) the economic soundness requirements in [section 53708(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section53708/a&num=0&edition=prelim) are met after the waiver of the financial condition requirement; and
(2) if the Secretary or Administrator considers necessary, the waiver shall provide for the imposition of other requirements on the obligor designed to compensate for any significant increase in risk associated with the obligor’s failure to meet regulatory requirements applicable to financial condition.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessment of penalty** Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), to have committed an act prohibited by section 1857 or [section 1870 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1870&num=0&edition=prelim) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary 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, and such other matters as justice may require. In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing.
**(b) Review of civil penalty** Any person against whom a civil penalty is assessed under subsection (a) or against whom a permit sanction is imposed under subsection (g) (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such order. The Secretary shall promptly file in such cou
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Offenses** A person is guilty of an offense if he commits any act prohibited by—
(1) section 1857(1)(D), (E), (F), (H), (I), or (L) of this title; or
(2) [section 1857(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857/2&num=0&edition=prelim).
**(b) Punishment** Any offense described in subsection (a)(1) is punishable by a fine of not more than $100,000, or imprisonment for not more than 6 months, or both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any observer described in [section 1857(1)(L) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857/1/L&num=0&edition=prelim) or any officer authorized to enforce the provisions of this chapter (as provided for in [section 1861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861&num=0&edition=prelim)), or places any such observer or officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $200,000, or imprisonment for not more than 10 years, or both. Any offense described in subsection (a)(2) is punishable by a fine of not more than $200,000.
**(c) Jurisdiction** There is Federal jurisdiction over any offense described in this section.
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Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Any person who violates any provision of this subchapter or of any permit or regulation issued thereunder, except as provided in [section 1387 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1387&num=0&edition=prelim), may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. Each unlawful taking or importation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action.
(2) In any case involving an alleged unlawful importation of a marine mammal or marine mammal product, if such importation is made by an individual for his own personal or family use (which does not include importation as an accommodation to others or for sale or other commercial use), the Secretary may, in lieu of instituting a proceeding under paragraph (1), allow the individual to abandon the mammal or product, under procedures to be prescribed by the Secretary, to the enforcement officer at the port of entry.
**(b)** Any person who knowingly violates any provision of this subchapter or of any permit or regulation issued thereunder (except as provided in [section 1387 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1387&num=0&e
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Federal law — U.S. Code and appendices · legal_authorities
Page 1784
TITLE 16—CONSERVATION
§ 1375
Subsec. (e)(1)(C). Pub. L. 103–238, § 5(b)(3), added sub-
par. (C).
1988—Subsec. (c). Pub. L. 100–711, § 5(d), designated ex-
isting provisions as par. (1) and substituted ‘‘scientific
research, public display, or enhancing the survival or
recovery of a species or stock’’ for ‘‘display or sci-
entific research’’ in two places, and added pars. (2) to
(4).
Subsec. (h)(2)(B). Pub. L. 100–711, § 4(d), added cls. (iv)
to (ix).
1984—Subsec. (h). Pub. L. 98–364 designated existing
provisions as par. (1), and added pars. (2) and (3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1997 AMENDMENT
For effective date of amendment by Pub. L. 105–42,
see section 8 of Pub. L. 105–42, set out as a note under
section 1362 of this title.
EFFECTIVE DATE
Section effective upon the expiration of the sixty-day
period following Oct. 21, 1972, see section 4 of Pub. L.
92–522, set out as a note under section 1361 of this title.
MODIFICATION OF PERMITS EXISTING PRIOR TO
APRIL 30, 1994
Pub. L. 103–238, § 5(c), Apr. 30, 1994, 108 Stat. 541, pro-
vided that: ‘‘Any permit issued under section 104(c)(2)
of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1374(c)(2)) before the date of the enactment of this Act
[Apr. 30, 1994] is hereby modified to be consistent with
that section as amended by this Act.’’
§ 1375. Penalties
(a)(1) Any person who violates any provision of
this subchapter or of any permit or regulation
issued thereunder, except as provided in section
1387 of this title, may be assessed a civil penalty
by the Secretary of not more than $10,000 for
each such violation. No penalty shall be assessed
unless such person is given notice and oppor-
tunity for a hearing with respect to such viola-
tion. Each unlawf
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Federal law — U.S. Code and appendices · legal_authorities
Page 2099
TITLE 16—CONSERVATION
§ 1858
this title were to take effect Mar. 1, 1977, prior to the
general amendment of section 312 by Pub. L. 104–297,
title I, § 116(a), Oct. 11, 1996, 110 Stat. 3600. See section
1861a of this title.
SAVINGS CLAUSE
Pub. L. 111–348, title I, § 103(b), Jan. 4, 2011, 124 Stat.
3670, provided that:
‘‘(1) IN
GENERAL.—The amendments made by sub-
section (a) [amending this section] do not apply to an
individual engaged in commercial fishing for smooth
dogfish (Mustelus canis) in that area of the waters of the
United States located shoreward of a line drawn in such
a manner that each point on it is 50 nautical miles
from the baseline of a State from which the territorial
sea is measured, if the individual holds a valid State
commercial fishing license, unless the total weight of
smooth dogfish fins landed or found on board a vessel
to which this subsection applies exceeds 12 percent of
the total weight of smooth dogfish carcasses landed or
found on board.
‘‘(2) DEFINITIONS.—In this subsection:
‘‘(A) COMMERCIAL FISHING.—The term ‘commercial
fishing’ has the meaning given that term in section 3
of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802).
‘‘(B) STATE.—The term ‘State’ has the meaning
given that term in section 803 of Public Law 103–206
(16 U.S.C. 5102).’’
CONSTRUCTION
Nothing in section 103 of Pub. L. 111–348 (amending
this section and enacting provisions set out as a note
above) to be construed as affecting, altering, or dimin-
ishing the authority of the Secretary of Commerce to
establish such conservation and management measures
as the Secretary considers necessary and appropriate
under sections 1852(a)(3) and 1854(g) of this title, see
section 104 of Pub. L. 111–348, set out
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Federal law — U.S. Code and appendices · legal_authorities
Page 2101
TITLE 16—CONSERVATION
§ 1859
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (g)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13,
1976, 90 Stat. 331, known as the Magnuson-Stevens Fish-
ery Conservation and Management Act, which is classi-
fied principally to this chapter. For complete classi-
fication of this Act to the Code, see Short Title note
set out under section 1801 of this title and Tables.
AMENDMENTS
2021—Subsec. (a). Pub. L. 116–340, § 3(e)(2), struck out
‘‘or section 1870’’ after ‘‘section 1857’’.
Pub. L. 116–340, § 3(b), inserted ‘‘or section 1870’’ after
‘‘section 1857’’.
1996—Subsec. (a). Pub. L. 104–297, § 114(a), struck out
‘‘ability to pay,’’ after ‘‘history of prior offenses,’’ and
inserted at end ‘‘In assessing such penalty the Sec-
retary may also consider any information provided by
the violator relating to the ability of the violator to
pay, Provided, That the information is served on the
Secretary at least 30 days prior to an administrative
hearing.’’
Subsec. (b). Pub. L. 104–297, § 114(b), amended first
sentence generally. Prior to amendment, first sentence
read as follows: ‘‘Any person against whom a civil pen-
alty 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 such order
and by simultaneously serving a copy of such com-
plaint by certified mail on the Secretary, the Attorney
General and the appropriate United States Attorney.’’
Subsec. (g)(1). Pub. L. 104–297, § 114(c), substituted
‘‘(C) any amount in settlement of a civil forfeiture im-
posed on a vessel or other property, or any civil penalty
or crimin
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Federal law — U.S. Code and appendices · legal_authorities
Page 443
TITLE 46—SHIPPING
§ 53707
tons [(]as measured under chapter 143 of that title), or
have an engine or engines capable of producing a total
of more than 3,000 shaft horsepower, after such con-
struction or rebuilding is completed. This prohibition
shall not apply to vessels to be used in the menhaden
fishery, in tuna purse seine fisheries outside the exclu-
sive economic zone of the United States or the area of
the South Pacific Regional Fisheries Treaty, in fish-
eries that are under the jurisdiction of the North Pa-
cific Fishery Management Council and managed under
a fishery management plan issued under the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), or in the Pacific whiting fishery
that is under the jurisdiction of the Pacific Fishery
Management Council and managed under a fishery
management plan issued under that Act. Any fishing
vessel operated in fisheries under the jurisdiction of
the North Pacific Fishery Management Council and
managed under a fishery management plan issued
under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), or in the Pa-
cific whiting fishery under the jurisdiction of the Pa-
cific Fishery Management Council and managed under
a fishery management plan issued under that Act, and
that is replaced by a vessel that is constructed or re-
built with a loan or loan guarantee provided by the
Federal Government may not be used to harvest fish in
any fishery under the jurisdiction of any regional fish-
ery management council, other than a fishery under
the jurisdiction of the North Pacific Fishery Manage-
ment Council or the Pacific Fishery Management
Council.’’
[Pub. L. 107–206, title I, § 1103, Aug. 2, 2002, 116 Stat.
884, which directed the
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