16 U.S.C. § 2408 — Criminal offenses

Page 2184 TITLE 16—CONSERVATION § 2406 which related to requirement that Director prescribe regulations to implement this chapter and subsec. (b) ‘‘Specific Regulations’’ which related to required con- tent of regulations. Statutory Notes and Related Subsidiaries 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 2406. Notification of travel to Antarctica The Secretary of State shall prescribe such regulations as may be necessary and appropriate to implement, with respect to United States citizens, paragraph 5 of Article VII of the Treaty pertaining to the filing of advance notifications of expeditions to, and within, Antarctica. For purposes of this section, the term ‘‘United States citizen’’ shall include any foreign person who organizes within the United States any ex- pedition which will proceed to Antarctica from the United States. (Pub. L. 95–541, § 7, Oct. 28, 1978, 92 Stat. 2054.) § 2407. Civil penalties (a) Assessment of penalties Any person who is found by the Director, after notice and opportunity for a hearing in accord- ance with subsection (b), to have committed any act prohibited by section 2403(a) of this title or to have violated any regulation prescribed under section 2406 of this title shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $5,000 for each violation unless the prohibited act was know- ingly committed, in which case the amount of the civil penalty shall not exceed $10,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of any civil penalty shall be assessed by the Di- rector by written notice. Any civil penalty as- sessed under this subsection may be remitted or mitigated by the Director. (b) Hearings Hearings for the assessment of civil penalties under subsection (a) shall be conducted in ac- cordance with section 554 of title 5. For the pur- poses of conducting any such hearing, the Direc- tor may issue subpenas 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 contumacy or refusal to obey a subpena served upon any person pursuant to this sub- section, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testi- mony before the Director or to appear and produce documents before the Director, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (c) Review Upon the failure of any person against whom a civil penalty is assessed under subsection (a) to pay such penalty, the Director 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. The court shall hear such action on the record made before the Direc- tor and shall sustain the decision of the Director if it is supported by substantial evidence on the record considered as a whole. (d) Penalties under other laws The assessment of a civil penalty under sub- section (a) for any act shall not be deemed to preclude the assessment of a civil penalty for such act under any other law, including, but not limited to, the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.], the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], and the Migratory Bird Treaty Act [16 U.S.C. 703 et seq.]. (Pub. L. 95–541, § 8, Oct. 28, 1978, 92 Stat. 2054.) Editorial Notes REFERENCES IN TEXT The Marine Mammal Protection Act of 1972, referred to in subsec. (d), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1361 of this title and Tables. The Endangered Species Act of 1973, referred to in subsec. (d), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The Migratory Bird Treaty Act, referred to in subsec. (d), is act July 3, 1918, ch. 128, 40 Stat. 755, which is clas- sified generally to subchapter II (§ 703 et seq.) of chap- ter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables. § 2408. Criminal offenses (a) Offenses A person is guilty of an offense if he willfully commits any act prohibited by section 2403(a) of this title. (b) Punishment Any offense described in subsection (a) is pun- ishable by a fine of $10,000, or imprisonment for not more than one year, or both. (c) Offenses under other laws A conviction under subsection (a) for any act shall not be deemed to preclude a conviction for such act under any other law, including, but not limited to, the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et seq.], the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], and the Migratory Bird Treaty Act [16 U.S.C. 703 et seq.]. Page 2185 TITLE 16—CONSERVATION § 2409 1 So in original. Probably should be ‘‘of the’’. (Pub. L. 95–541, § 9, Oct. 28, 1978, 92 Stat. 2054.) Editorial Notes REFERENCES IN TEXT The Marine Mammal Protection Act of 1972, referred to in subsec. (c), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§ 1361 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1361 of this title and Tables. The Endangered Species Act of 1973, referred to in subsec. (c), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The Migratory Bird Treaty Act, referred to in subsec. (c), is act July 3, 1918, ch. 128, 40 Stat. 755, which is clas- sified generally to subchapter II (§ 703 et seq.) of chap- ter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables. § 2409. Enforcement (a) Responsibility The provisions of this chapter and of any regu- lation prescribed, or permit issued, under this chapter shall be enforced by the Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of 1 Interior, and the Secretary of the department in which the Coast Guard is operating. The Director and such Sec- retaries may utilize by agreement, on a reim- bursable basis or otherwise, the personnel, serv- ices, and facilities of any other Federal agency or any State agency in the performance of such duties. (b) Powers of authorized officers Any officer who is authorized (by the Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of the Interior, 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 the Director or any such Sec- retary under subsection (a)) to enforce the pro- visions of this chapter and of any regulation or permit issued under this chapter may— (1) secure, execute, and serve any order, war- rant, subpena, or other process, which is issued under the authority of the United States; (2) search without warrant any person, place, or conveyance where there is reasonable grounds to believe that a person has com- mitted or is attempting to commit an act pro- hibited by section 2403(a) of this title; (3) seize without warrant any evidentiary item where there is reasonable grounds to be- lieve that a person has committed or is at- tempting to commit any such act; (4) offer and pay rewards for services or in- formation which may lead to the apprehension of violators of such provisions; (5) make inquiries, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter which is re- lated to the enforcement of such provisions; (6) detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying docu- ments, upon importation into, or exportation from, the United States; and (7) make an arrest with or without a warrant with respect to any act prohibited by section 2403(a) of this title if such officer has reason- able grounds to believe that the person to be arrested is committing such act in his pres- ence or view, or has committed such act. (c) Seizure Any property or item seized pursuant to sub- section (b) shall be held by any person author- ized by the Director, the Secretary of the Treas- ury, the Secretary of Commerce, the Secretary of the Interior, or the Secretary of the depart- ment in which the Coast Guard is operating pending the disposition of civil or criminal pro- ceedings, or the institution of an action in rem for forfeiture of such property or item; except that such authorized person may, in lieu of hold- ing such property or item, permit the owner or consignee thereof to post a bond or other satis- factory surety. (d) Forfeiture (1) Any animal or plant with respect to which an act prohibited by section 2403(a) of this title is committed shall be subject to forfeiture to the United States. (2) All guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used in the commission of any act prohibited by section 2403(a) of this title shall be subject to forfeiture to the United States. (3) Upon the forfeiture to the United States of any property or item described in paragraph (1) or (2), or upon the abandonment or waiver of any claim to any such property or item, it shall be disposed of by the Director, the Secretary of the Treasury, the Secretary of Commerce, the Sec- retary of the Interior, or the Secretary of the department in which the Coast Guard is oper- ating, as the case may be, in such a manner, consistent with the purposes of the chapter, as may be prescribed by regulation; except that no native mammal, native bird, or native plant may be disposed of by sale to the public. (e) Application of customs laws All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for vio- lation of the customs laws, the disposition of such vessel or the proceeds from the sale there- of, and the remission or mitigation of such for- feiture, shall apply to the seizures and forfeit- ures incurred, or alleged to have been incurred, under the provision of this chapter, insofar as such provisions of law are applicable and not in- consistent with the provisions of this chapter; except that all powers, rights, and duties con- ferred or imposed by the customs laws upon any officer or employee of the Customs Service may, for the purposes of this chapter, also be exer- cised or performed by the Director, the Sec- retary of Commerce, the Secretary of the Inte- rior, or the Secretary of the department in which the Coast Guard is operating, or by such persons as each may designate. (f) Regulations The Director, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of the