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 Central Pacific Fisheries Convention Implementation Act, referred to in par. (4), probably means section 507(a) of title V of Pub. L. 109–479, which is classified to section 6906(a) of this title. § 7407. Enforcement (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 and subsection (f) of section 1858 of this title and paragraphs (2), (3), and (7) of sec- tion 2439(b) of this title shall apply with re- spect 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. (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) to have committed an act prohibited under sec- tion 7406 of this title shall be liable to the United States for a civil penalty. The amount of the civil penalty shall be con- sistent with the amount under section 1858(a) of this title. (B) Compromise or other action by secretary The Secretary shall have the same author- ity as provided in section 1858(e) of this title with respect to a violation of this chapter.1 (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. (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 Sec- retary shall refer the matter to the Attorney General, who shall recover the amount as- sessed 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 re- view. (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 con- nection with or as 2 result of the commission of any act prohibited by section 7406 of this title shall be subject to forfeiture under sec- tion 1860 of this title. (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 in- curred, or alleged to have been incurred, under the provisions of this chapter, insofar as appli- cable and not inconsistent with the provisions hereof. For seizures and forfeitures of property under this section by the Secretary, such du- ties 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 Page 2697 TITLE 16—CONSERVATION § 7501 authority to manage and dispose of seized property. (3) Presumption For the purposes of this section there is a re- buttable presumption that all fish, or compo- nents thereof, found on board a vessel that is used or seized in connection with a violation of this chapter (including any regulation pro- mulgated under this chapter 1) were taken, ob- tained, 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 gov- ernment) who knowingly commits an act pro- hibited by section 7406 of this title shall be sub- ject to subsections (b) and (c) of section 1859 of this title. (e) Payment of storage, care, and other costs Any person assessed a civil penalty for, or con- victed of, any violation of this chapter (includ- ing any regulation promulgated under this chap- ter) 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 prop- erty seized in connection with the violation. (Pub. L. 114–81, title III, § 308, Nov. 5, 2015, 129 Stat. 668.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1)(B) and the second place appearing in subsec. (c)(3), was in the original ‘‘this Act’’ and was translated as meaning ‘‘this title’’ to reflect the probable intent of Congress. § 7408. International cooperation and assistance (a) Assistance to developing nations and inter- national organizations Consistent with existing authority and the availability of funds, the Secretary shall provide appropriate assistance to developing nations and international organizations of which such na- tions are members to assist those nations in meeting their obligations under the Agreement. (b) Personnel, services, equipment, and facilities In carrying out subsection (a), the Secretary may, by agreement, on a reimbursable or non- reimbursable basis, utilize the personnel, serv- ices, equipment, and facilities of any Federal, State, local, or foreign government or any enti- ty of any such government. (Pub. L. 114–81, title III, § 309, Nov. 5, 2015, 129 Stat. 669.) § 7409. Relationship to other laws (a) In general Nothing in this chapter shall be construed to displace any requirements imposed by the cus- toms laws of the United States or any other laws or regulations enforced or administered by the Secretary of Homeland Security. Where more stringent requirements regarding port entry or access to port services exist under other Federal law, those more stringent require- ments shall apply. Nothing in this chapter shall affect a vessel’s entry into port, in accordance with international law, for reasons of force majeure or distress. (b) United States obligations under international law This chapter shall be interpreted and applied in accordance with United States obligations under international law. (Pub. L. 114–81, title III, § 310, Nov. 5, 2015, 129 Stat. 669.) CHAPTER 94—NATIONAL OCEANS AND COASTAL SECURITY Sec. 7501. Definitions. 7502. Purposes and agreements. 7503. National Oceans and Coastal Security Fund. 7504. Eligible uses. 7505. Grants. 7506. Annual report. 7507. Funding. § 7501. Definitions In this chapter: (1) Coastal county The term ‘‘coastal county’’ has the meaning given the term by the National Oceanic and Atmospheric Administration in the document entitled ‘‘NOAA’s List of Coastal Counties for the Bureau of the Census’’ (or similar suc- cessor document). (2) Coastal State The term ‘‘coastal State’’ has the meaning given the term ‘‘coastal state’’ in section 1453 of this title. (3) Foundation The term ‘‘Foundation’’ means the National Fish and Wildlife Foundation established by section 3701(a) of this title. (4) Fund The term ‘‘Fund’’ means the National Oceans and Coastal Security Fund established under section 7503(a) of this title. (5) Indian tribe The term ‘‘Indian tribe’’ means any feder- ally recognized Indian tribe. (6) Administrator Except as otherwise specifically provided, the term ‘‘Administrator’’ means the Under Secretary of Commerce for Oceans and Atmos- phere and Administrator of the National Oce- anic and Atmospheric Administration. (7) Tidal shoreline The term ‘‘tidal shoreline’’ has the meaning given that term pursuant to section 923.110(c)(2)(i) of title 15, Code of Federal Regu- lations, or a similar successor regulation. (Pub. L. 114–113, div. O, title IX, § 902, Dec. 18, 2015, 129 Stat. 3031.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 114–113, div. O, title IX, § 901, Dec. 18, 2015, 129 Stat. 3031, provided that: ‘‘This title [enacting this