16 U.S.C. § 2437 — Civil penalties

Page 2189 TITLE 16—CONSERVATION § 2438 1 So in original. The comma probably should not appear. 2 So in original. Probably should be preceded by ‘‘the’’. of the department in which the Coast Guard is operating, and the heads of other appropriate departments or agencies of the United States, shall promulgate such regulations as are nec- essary and appropriate to implement the provi- sions of this chapter. (b) Regulations to implement conservation meas- ures (1) In general Notwithstanding subsections (b), (c), and (d) of section 553 of title 5, the Secretary of Com- merce may publish in the Federal Register a final regulation to implement any conserva- tion measure for which the Secretary of State notifies the Commission under section 2434(a)(1) of this title— (A) that has been in effect for 12 months or less; (B) that is adopted by the Commission; and (C) with respect to which the Secretary of State,1 does not notify Commission 2 in ac- cordance with section 2434(a)(1) of this title within the time period allotted for objec- tions under Article IX of the Convention. (2) Entering into force Upon publication of such regulation in the Federal Register, such conservation measure shall enter into force with respect to the United States. (Pub. L. 98–623, title III, § 307, Nov. 8, 1984, 98 Stat. 3401; Pub. L. 114–81, title I, § 106(2), Nov. 5, 2015, 129 Stat. 658.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–81 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 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. § 2437. Civil penalties (a) In general Any person who commits an act that is unlaw- ful under section 2435 of this title shall be liable to the United States for a civil penalty, and may be subject to a permit sanction, under section 1858 of this title. (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 Sec- retary of Commerce may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and docu- ments, and may administer oaths. Witnesses summoned shall be paid the same fees and mile- age that are paid to witnesses in the courts of the United States. In case of contumacy or re- fusal to obey a subpoena served upon any person pursuant to this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General of the United States and after notice to such person, shall have jurisdiction to issue an order requir- ing such person to appear and give testimony before the Secretary of Commerce or to appear and produce documents before the Secretary of Commerce, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (c) Review of civil penalty Any person against whom a civil penalty is as- sessed under subsection (a) of this section may obtain review thereof in the appropriate district court of the United States by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously send- ing a copy of such notice by certified mail to the Secretary of Commerce, the Attorney General, and the appropriate United States Attorney. The Secretary of Commerce shall promptly refer the matter to the Attorney General of the United States, who shall file in such court a cer- tified copy of the record upon which the viola- tion was found or such penalty imposed, as pro- vided in section 2112 of title 28. The court shall set aside the findings and order of the Secretary if the findings and order are found to be unsup- ported by substantial evidence, as provided in section 706(2)(E) of title 5. (d) Recovery of civil penalties The Attorney General of the United States may seek to recover in any appropriate district court of the United States (1) any civil penalty imposed under this section that has become a final and unappealable order and has been re- ferred to the Attorney General by the Secretary of Commerce or (2) any final judgment rendered under this section in favor of the United States by an appropriate Court. (e) 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. (Pub. L. 98–623, title III, § 308, Nov. 8, 1984, 98 Stat. 3401; Pub. L. 114–81, title I, § 101(a)(2), Nov. 5, 2015, 129 Stat. 653.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–81 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to assessment of penalties. § 2438. Criminal offenses (a) Offenses A person is guilty of an offense if that person commits any act prohibited by paragraph (4), (5), (6), or (7) of section 2435 of this title.