16 U.S.C. § 1376 — Seizure and forfeiture of cargo

Page 1784 TITLE 16—CONSERVATION § 1375 Subsec. (e)(1)(C). Pub. L. 103–238, § 5(b)(3), added sub- par. (C). 1988—Subsec. (c). Pub. L. 100–711, § 5(d), designated ex- isting provisions as par. (1) and substituted ‘‘scientific research, public display, or enhancing the survival or recovery of a species or stock’’ for ‘‘display or sci- entific research’’ in two places, and added pars. (2) to (4). Subsec. (h)(2)(B). Pub. L. 100–711, § 4(d), added cls. (iv) to (ix). 1984—Subsec. (h). Pub. L. 98–364 designated existing provisions as par. (1), and added pars. (2) and (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT For effective date of amendment by Pub. L. 105–42, see section 8 of Pub. L. 105–42, set out as a note under section 1362 of this title. EFFECTIVE DATE Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title. MODIFICATION OF PERMITS EXISTING PRIOR TO APRIL 30, 1994 Pub. L. 103–238, § 5(c), Apr. 30, 1994, 108 Stat. 541, pro- vided that: ‘‘Any permit issued under section 104(c)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(2)) before the date of the enactment of this Act [Apr. 30, 1994] is hereby modified to be consistent with that section as amended by this Act.’’ § 1375. Penalties (a)(1) Any person who violates any provision of this subchapter or of any permit or regulation issued thereunder, except as provided in section 1387 of this title, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. No penalty shall be assessed unless such person is given notice and oppor- tunity for a hearing with respect to such viola- tion. Each unlawful taking or importation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the Sec- retary may request the Attorney General to in- stitute a civil action in a district court of the United States for any district in which such per- son is found, resides, or transacts business to collect the penalty and such court shall have ju- risdiction to hear and decide any such action. (2) In any case involving an alleged unlawful importation of a marine mammal or marine mammal product, if such importation is made by an individual for his own personal or family use (which does not include importation as an accommodation to others or for sale or other commercial use), the Secretary may, in lieu of instituting a proceeding under paragraph (1), allow the individual to abandon the mammal or product, under procedures to be prescribed by the Secretary, to the enforcement officer at the port of entry. (b) Any person who knowingly violates any provision of this subchapter or of any permit or regulation issued thereunder (except as provided in section 1387 of this title) shall, upon convic- tion, be fined not more than $20,000 for each such violation, or imprisoned for not more than one year, or both. (Pub. L. 92–522, title I, § 105, Oct. 21, 1972, 86 Stat. 1036; Pub. L. 97–58, § 3(b), Oct. 9, 1981, 95 Stat. 982; Pub. L. 103–238, § 13(a), (b), Apr. 30, 1994, 108 Stat. 558.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–238, § 13(a), inserted ‘‘, except as provided in section 1387 of this title,’’ after ‘‘thereunder’’. Subsec. (b). Pub. L. 103–238, § 13(b), inserted ‘‘(except as provided in section 1387 of this title)’’ after ‘‘there- under’’. 1981—Subsec. (a). Pub. L. 97–58 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title. § 1375a. Use of fines for protection and recovery of manatees, polar bears, sea otters, and wal- ruses On and after November 29, 1999, all fines col- lected by the United States Fish and Wildlife Service for violations of the Marine Mammal Protection Act (16 U.S.C. 1362–1407) and imple- menting regulations shall be available to the Secretary, without further appropriation, to be used for the expenses of the United States Fish and Wildlife Service in administering activities for the protection and recovery of manatees, polar bears, sea otters, and walruses, and shall remain available until expended. (Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–139.) Editorial Notes REFERENCES IN TEXT The Marine Mammal Protection Act, referred to in text, probably means the Marine Mammal Protection Act of 1972, Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 1361 of this title and Tables. CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 2000, and not as part of the Marine Mammal Protection Act of 1972 which comprises this chapter. § 1376. Seizure and forfeiture of cargo (a) Application of consistent provisions Any vessel or other conveyance subject to the jurisdiction of the United States that is em- ployed in any manner in the unlawful taking of any marine mammal shall have its entire cargo or the monetary value thereof subject to seizure and forfeiture. All provisions of law relating to the seizure, judicial forfeiture, and condemna- tion of cargo for violation of the customs laws, the disposition of such cargo, and the proceeds from the sale thereof, and the remission or miti- gation of any such forfeiture, shall apply with respect to the cargo of any vessel or other con- Page 1785 TITLE 16—CONSERVATION § 1377 veyance seized in connection with the unlawful taking of a marine mammal insofar as such pro- visions of law are applicable and not incon- sistent with the provisions of this subchapter. (b) Penalties Any vessel subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall be liable for a civil penalty of not more than $25,000. Such penalty shall be assessed by the district court of the United States having jurisdiction over the vessel. Clearance of a ves- sel against which a penalty has been assessed, from a port of the United States, may be with- held until such penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a maritime lien on such vessel which may be recovered by action in rem in the district court of the United States having jurisdiction over the vessel. (c) Reward for information leading to conviction Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the fine in- curred but not to exceed $2,500 to any person who furnishes information which leads to a con- viction for a violation of this subchapter. Any officer or employee of the United States or of any State or local government who furnishes in- formation or renders service in the performance of his official duties shall not be eligible for pay- ment under this section. (Pub. L. 92–522, title I, § 106, Oct. 21, 1972, 86 Stat. 1036.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title. § 1377. Enforcement (a) Utilization of personnel Except as otherwise provided in this sub- chapter, the Secretary shall enforce the provi- sions of this subchapter. The Secretary may uti- lize, by agreement, the personnel, services, and facilities of any other Federal agency for pur- poses of enforcing this subchapter. (b) State officers and employees The Secretary may also designate officers and employees of any State or of any possession of the United States to enforce the provisions of this subchapter. When so designated, such offi- cers and employees are authorized to function as Federal law enforcement agents for these pur- poses, but they shall not be held and considered as employees of the United States for the pur- poses of any laws administered by the Director of the Office of Personnel Management. (c) Warrants and other process for enforcement The judges of the district courts of the United States and the United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process, in- cluding warrants or other process issued in ad- miralty proceedings in United States district courts, as may be required for enforcement of this subchapter and any regulations issued thereunder. (d) Execution of process; arrest; search; seizure Any person authorized by the Secretary to en- force this subchapter may execute any warrant or process issued by any officer or court of com- petent jurisdiction for the enforcement of this subchapter. Such a person so authorized may, in addition to any other authority conferred by law— (1) with or without warrant or other process, arrest any person committing in his presence or view a violation of this subchapter or the regulations issued thereunder; (2) with a warrant or other process, or with- out a warrant if he has reasonable cause to be- lieve that a vessel, other conveyance, or con- tainer subject to the jurisdiction of the United States or any person on board is in violation of any provision of this subchapter or the reg- ulations issued thereunder, search such vessel or conveyance and arrest such person; (3) seize the cargo of any vessel or other con- veyance subject to the jurisdiction of the United States used or employed contrary to the provisions of this subchapter or the regu- lations issued hereunder or which reasonably appears to have been so used or employed; and (4) seize, whenever and wherever found, all marine mammals and marine mammals prod- ucts taken or retained in violation of this sub- chapter or the regulations issued thereunder and shall dispose of them, in accordance with regulations prescribed by the Secretary. (e) Disposition of seized cargo (1) Whenever any cargo or marine mammal or marine mammal product is seized pursuant to this section, the Secretary shall expedite any proceedings commenced under section 1375(a) or (b) of this title. All marine mammal or marine mammal products or other cargo so seized shall be held by any person authorized by the Sec- retary pending disposition of such proceedings. The owner or consignee of any such marine mammal or marine mammal product or other cargo so seized shall, as soon as practicable fol- lowing such seizure, be notified of that fact in accordance with regulations established by the Secretary. (2) The Secretary may, with respect to any proceeding under section 1375(a) or (b) of this title, in lieu of holding any marine mammal or marine mammal product or other cargo, permit the person concerned to post bond or other sur- ety satisfactory to the Secretary pending the disposition of such proceeding. (3)(A) Upon the assessment of a penalty pursu- ant to section 1375(a) of this title, all marine mammals and marine mammal products or other cargo seized in connection therewith may be proceeded against in any court of competent jurisdiction and forfeited to the Secretary for disposition by him in such manner as he deems appropriate. (B) Upon conviction for violation of section 1375(b) of this title, all marine mammals and marine mammal products seized in connection therewith shall be forfeited to the Secretary for