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16 U.S.C. § 7407 — Enforcement

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

16 U.S.C. § 7407 — Enforcement

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Stable record: federal_law:legal_authorities:record_usc_8a43f4b0acc46ff8cf914c46
Source file: Laws/federal/codes/united-states-code/title-16/section-7407-enforcement--e6d218be68.md
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Source location: Title 16, Chapter 93, § 7407; chapter-093-agreement-on-port-state-measures-to-prevent-deter-and-eliminate-illegal-unreported-and-unregulated-fishing.md

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**(a) Existing authorities and responsibilities** (1) **Authorities and responsibilities** — The authorities and responsibilities under subsections (a), (b), and (c) of [section 1861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861&num=0&edition=prelim) and subsection (f) of [section 1858 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858&num=0&edition=prelim) and paragraphs (2), (3), and (7) of [section 2439(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2439/b&num=0&edition=prelim) shall apply with respect to enforcement of this chapter. (2) **Included vessels** — For purposes of enforcing this chapter, any reference in such paragraphs and subsections to a “vessel” or “fishing vessel” includes all vessels as defined in [section 7402(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7402/8&num=0&edition=prelim). (3) **Application of other provisions** — Such paragraphs and subsections apply to violations of this chapter and any regulations promulgated under this chapter. **(b) Civil enforcement** (1) **Civil administrative penalties** (A) *In general* — Any person who is found by the Secretary (after notice and 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 under [section 7406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7406&num=0&edition=prelim) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall be consistent with the amount under [section 1858(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858/a&num=0&edition=prelim). (B) *Compromise or other action by secretary* — The Secretary shall have the same authority as provided in [section 1858(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858/e&num=0&edition=prelim) with respect to a violation of this chapter.11 See References in Text note below. (2) **In rem jurisdiction** — For purposes of this chapter, the conditions for in rem liability shall be consistent with [section 1858(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1858/d&num=0&edition=prelim). (3) **Action upon failure to pay assessment** — If any person fails to pay an assessment of a civil penalty under this chapter 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. **(c) Forfeiture** (1) **In general** — Any foreign vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) imported or possessed in connection with or as 22 So in original. The word “a” probably should appear. result of the commission of any act prohibited by [section 7406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7406&num=0&edition=prelim) shall be subject to forfeiture under [section 1860 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1860&num=0&edition=prelim). (2) **Application of the customs laws** — All provisions of law relating to seizure, summary judgment, and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as applicable and not inconsistent with the provisions hereof. For seizures and forfeitures of property under this section by the Secretary, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary or, upon request of the Secretary, by any other agency that has authority to manage and dispose of seized property. (3) **Presumption** — For the purposes of this section there is a rebuttable presumption that all fish, or components thereof, found on board a vessel that is used or seized in connection with a violation of this chapter (including any regulation promulgated under this chapter 1) were taken, obtained, or retained as a result of IUU fishing or fishing-related activities in support of IUU fishing. **(d) Criminal enforcement** Any person (other than a foreign government agency, or entity wholly owned by a foreign government) who knowingly commits an act prohibited by [section 7406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7406&num=0&edition=prelim) shall be subject to subsections (b) and (c) of [section 1859 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1859&num=0&edition=prelim). **(e) Payment of storage, care, and other costs** Any person assessed a civil penalty for, or convicted of, any violation of this chapter (including any regulation promulgated 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 property seized in connection with the violation.

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

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

16 U.S.C. § 1860 — Civil forfeitures

**(a) In general** Any fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by [section 1857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1857&num=0&edition=prelim) (other than any act for which the issuance of a citation under [section 1861(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861/c&num=0&edition=prelim) is sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section. **(b) Jurisdiction of district courts** Any district court of the United States which has jurisdiction under [section 1861(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861/d&num=0&edition=prelim) shall have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d). **(c) Judgment** If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this chapter or for which security has not previously been obtained under subsection (d). The provisions of the customs laws relating to— (1) the seizure, forfeiture, and condemnation of property for violation of th

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

16 U.S.C. § 1858 — Civil penalties and permit sanctions

**(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

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

16 U.S.C. § 1859 — Criminal offenses

**(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

16 U.S.C. § 7406 — Prohibited acts

It is unlawful for any person subject to the jurisdiction of the United States— (1) to violate any provision of this chapter or the regulations issued under this chapter; (2) to refuse to permit any authorized officer to board, search, or inspect a vessel that is subject to the person’s control in connection with the enforcement of this chapter or the regulations issued under this chapter; (3) to submit false information pursuant to any requirement under this chapter or the regulations issued under this chapter; or (4) to commit any offense enumerated in paragraph (4), (5), (7), or (9) of section 707(a) 11 See References in Text note below. of the Western and Central Pacific Fisheries Convention Implementation Act ([16 U.S.C. 6906(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6906/a&num=0&edition=prelim)).

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

16 U.S.C. § 7407 — Enforcement

Page 2696 TITLE 16—CONSERVATION § 7405 1 See References in Text note below. 1 See References in Text note below. 2 So in original. The word ‘‘a’’ probably should appear. § 7405. Inspections The Secretary, and the Secretary of the de- partment in which the Coast Guard is operating, shall conduct foreign vessel inspections in ports subject to the jurisdiction of the United States as necessary to achieve the purposes of the Agreement and this chapter. If, following an in- spection, the Secretary has reasonable grounds to believe that a foreign vessel has engaged in IUU fishing or fishing-related activities in sup- port of such fishing, the Secretary may take en- forcement action under this chapter or other ap- plicable law, and shall deny the vessel the use of port services, in accordance with section 7404 of this title. (Pub. L. 114–81, title III, § 306, Nov. 5, 2015, 129 Stat. 667.) § 7406. Prohibited acts It is unlawful for any person subject to the ju- risdiction of the United States— (1) to violate any provision of this chapter or the regulations issued under this chapter; (2) to refuse to permit any authorized officer to board, search, or inspect a vessel that is subject to the person’s control in connection with the enforcement of this chapter or the regulations issued under this chapter; (3) to submit false information pursuant to any requirement under this chapter or the reg- ulations issued under this chapter; or (4) to commit any offense enumerated in paragraph (4), (5), (7), or (9) of section 707(a) 1 of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6906(a)). (Pub. L. 114–81, title III, § 307, Nov. 5, 2015, 129 Stat. 667.) Editorial Notes REFERENCES IN TEXT Section 707(a) of the Western and C

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