Browse Arkansas Code titles and sections

16 U.S.C. § 973f — Civil penalties

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

16 U.S.C. § 973f — Civil penalties

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 973f

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: af128a900471513b3c6e651475586a3da2d316f4c37352c553996cb12cf98f08. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_fa186781870ecb521fb7c3d3
Source file: Laws/federal/codes/united-states-code/title-16/section-973f-civil-penalties--286972402d.md
Pages: Not recorded – Not recorded
Passage SHA-256: 1e55ac60c744320f7abfd9399d2e11bd6b18d5395d562ee2164e51d862e286f2

Source location: Title 16, Chapter 16C, § 973f; chapter-16c-south-pacific-tuna-fishing.md

Stored source content

**(a) Determination of liability; amount; participation by Secretary of State in assessment proceeding** 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 973c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973c&num=0&edition=prelim), shall be liable to the United States for a civil penalty. Before issuing a notice of violation, the Secretary shall consult with the Secretary of State. The amount of the civil penalty shall be determined in accordance with considerations set forth in the Treaty and 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, ability to pay, and such other matters as justice may require. The amount of the civil penalty shall not exceed $250,000 for each violation. Upon written notice, the Secretary of State shall have the right to participate in any proceeding initiated to assess a civil penalty for violation of this chapter. **(b) Judicial review of assessment; procedures applicable** Any person against whom a civil penalty 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 the order and by simultaneously serving a copy of the complaint by certified mail on the Secretary, the Attorney General of the United States, and the appropriate United States Attorney. The Secretary shall promptly file in the court a certified copy of the record upon which the violation was found or the penalty imposed. The findings and order of the Secretary shall be set aside or modified by the court if they are not found to be supported by substantial evidence, as provided in [section 706(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706/2&num=0&edition=prelim). **(c) Failure to pay assessment of civil penalty; recovery by Attorney General** Except as provided in subsection (g) of this section, if any person fails to pay an assessment of a civil penalty 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 of the United States, who shall recover the amount assessed in any appropriate district court of the United States. **(d) In rem liability for civil penalty; jurisdiction; maritime lien on vessel** Except as provided in subsection (g) of this section, a fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by [section 973c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973c&num=0&edition=prelim) shall be liable in rem for any civil penalty assessed for the violation under this section and may be proceeded against in any district court of the United States having jurisdiction thereof. The penalty shall constitute a maritime lien on the vessel which may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel. **(e) Compromise, etc., of civil penalty** The Secretary, after consultation with the Secretary of State, may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. **(f) Conduct of hearings** For the purposes of conducting any hearing under this section, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a subpoena served upon a person pursuant to this subsection, the district court of the United States for any district in which the person is found, resides, or transacts business, upon application by the United States and after notice to the person, shall have jurisdiction to issue an order requiring the person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey the order of the court may be punished by the court as a contempt thereof. **(g) Waiver of referral to Attorney General** If a vessel used in a violation of paragraph (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 973c(a) or [section 973c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section973c/b&num=0&edition=prelim) for which a civil penalty has been assessed— (1) had a valid license under the Treaty at the time of the violation, and (2) within 60 days after the penalty assessment has become final, leaves and remains outside of the Licensing Area and all Closed Areas until the final penalty has been paid, there shall be no referral to the Attorney General under subsection (c) of this section or in rem action under subsection (d) of this section in connection with such civil penalty.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

16 U.S.C. § 973c — Prohibited acts

**(a)** It is unlawful for any person subject to the jurisdiction of the United States— (1) to violate any provision of this chapter or any regulation or order issued pursuant to this chapter; (2) to use a vessel for fishing in violation of an applicable national law; (3) to use a vessel for fishing in any Closed Area, except in accordance with an agreement pursuant to the Treaty; (4) to falsify any information required to be reported, notified, communicated, or recorded pursuant to a requirement of this chapter, or to fail to submit any required information, or to fail to report to the Secretary immediately any change in circumstances which has the effect of rendering any such information false, incomplete, or misleading; (5) to intentionally destroy evidence which could be used to determine if a violation of this chapter or the Treaty has occurred; (6) to refuse to permit any Authorized Officer or Authorized Party Officer to board a fishing vessel for purposes of conducting a search or inspection in connection with the enforcement of this chapter or the Treaty; (7) to refuse to comply with the instructions of an Authorized Officer or Authorized Party Officer relating to fishing activities under the Treaty; (8) to forcibly assault, resist, oppose, impede, intimidate, or interfere with— (A) any Authorized Officer or Authorized Party Officer in the conduct of a search or inspection in connection with the enforcement of this chapter or the Treaty; or (B) an observer in the conduct of observer duties under the Treaty; (9) to resist a lawful arrest for any act prohibited by this section; (10) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by thi

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 973c

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

16 U.S.C. § 973f — Civil penalties

Page 1582 TITLE 16—CONSERVATION § 973e 1 So in original. ‘‘Code’’ probably should not appear. § 973e. Criminal offenses (a) Prohibited acts A person is guilty of a criminal offense if he or she commits any act prohibited by section 973c(a)(8), (10), (11), or (12) of this title. (b) Sentence and fine Any offense described in subsection (a) of this section is punishable by a fine of not more than $50,000, or imprisonment for not more than 6 months, or both; except that if in the commis- sion of any such offense the person uses a dan- gerous weapon, engages in conduct that causes bodily injury to any Authorized Officer, Author- ized Party Officer, or observer under the Treaty in the conduct of their duties, or places any such Authorized Officer, Authorized Party Officer, or observer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $100,000 or imprisonment for not more than 10 years, or both. (c) Jurisdiction The district courts of the United States shall have jurisdiction over any offense described in this section. (Pub. L. 100–330, § 7, June 7, 1988, 102 Stat. 594.) § 973f. Civil penalties (a) Determination of liability; amount; participa- tion by Secretary of State in assessment pro- ceeding Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, to have committed an act prohibited by section 973c of this title, shall be liable to the United States Code 1 for a civil penalty. Before issuing a notice of violation, the Secretary shall consult with the Secretary of State. The amount of the civil penalty shall be determined in accordance with considerations set forth in the Treaty and shall take into account the nature, circums

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 973f

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.