16 U.S.C. § 5506 — Enforcement provisions

Page 2548 TITLE 16—CONSERVATION § 5506 (4) to falsify any information required to be reported, communicated, or recorded pursuant to this chapter or any regulation issued under this chapter, or to fail to submit in a timely fashion any required information, or to fail to report to the Secretary immediately any change in circumstances that has the effect of rendering any such information false, incom- plete, or misleading; (5) to refuse to permit an authorized officer to board a high seas fishing vessel subject to such person’s control for purposes of con- ducting any search or inspection in connection with the enforcement of this chapter or any regulation issued under this chapter; (6) to forcibly assault, resist, oppose, im- pede, intimidate, or interfere with an author- ized officer in the conduct of any search or in- spection described in paragraph (5); (7) to resist a lawful arrest or detention for any act prohibited by this section; (8) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detec- tion of another person, knowing that such per- son has committed any act prohibited by this section; (9) to ship, transport, offer for sale, sell, pur- chase, import, export, or have custody, con- trol, or possession of, any living marine re- source taken or retained in violation of this chapter or any regulation or permit issued under this chapter; or (10) to violate any provision of this chapter or any regulation or permit issued under this chapter. (Pub. L. 104–43, title I, § 106, Nov. 3, 1995, 109 Stat. 371.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days after Nov. 3, 1995, see sec- tion 111 of Pub. L. 104–43, set out as a note under sec- tion 5501 of this title. § 5506. Enforcement provisions (a) Duties of Secretaries This chapter shall be enforced by the Sec- retary of Commerce and the Secretary of the de- partment in which the Coast Guard is operating. Such Secretaries may by agreement utilize, on a reimbursable basis or otherwise, the personnel, services, equipment (including aircraft and ves- sels), and facilities of any other Federal agency, or of any State agency, in the performance of such duties. Such Secretaries shall, and the head of any Federal or State agency that has en- tered into an agreement with either such Sec- retary under this section may (if the agreement so provides), authorize officers to enforce the provisions of this chapter or any regulation or permit issued under this chapter. (b) District court jurisdiction The district courts of the United States shall have exclusive jurisdiction over any case or con- troversy arising under the provisions of this chapter. In the case of Guam, and any Common- wealth, territory, or possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Guam, except that in the case of American Samoa, the appropriate court is the United States District Court for the District of Hawaii. (c) Powers of enforcement officers (1) Any officer who is authorized under sub- section (a) to enforce the provisions of this chapter may— (A) with or without a warrant or other proc- ess— (i) arrest any person, if the officer has rea- sonable cause to believe that such person has committed an act prohibited by para- graph (6), (7), (8), or (9) of section 5505 of this title; (ii) board, and search or inspect, any high seas fishing vessel; (iii) seize any high seas fishing vessel (to- gether with its fishing gear, furniture, ap- purtenances, stores, and cargo) used or em- ployed in, or with respect to which it reason- ably appears that such vessel was used or employed in, the violation of any provision of this chapter or any regulation or permit issued under this chapter; (iv) seize any living marine resource (wherever found) taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by sec- tion 5505 of this title; (v) seize any other evidence related to any violation of any provision of this chapter or any regulation or permit issued under this chapter; (B) execute any warrant or other process issued by any court of competent jurisdiction; and (C) exercise any other lawful authority. (2) Subject to the direction of the Secretary, a person charged with law enforcement respon- sibilities by the Secretary who is performing a duty related to enforcement of a law regarding fisheries or other marine resources may make an arrest without a warrant for an offense against the United States committed in his presence, or for a felony cognizable under the laws of the United States, if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony. (d) Issuance of citations If any authorized officer finds that a high seas fishing vessel is operating or has been operated in violation of any provision of this chapter, such officer may issue a citation to the owner or operator of such vessel in lieu of proceeding under subsection (c). If a permit has been issued pursuant to this chapter for such vessel, such of- ficer shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. The Sec- retary shall maintain a record of all citations issued pursuant to this subsection. (e) Liability for costs Any person assessed a civil penalty for, or con- victed of, any violation of this chapter shall be liable for the cost incurred in storage, care, and maintenance of any living marine resource or other property seized in connection with the violation. Page 2549 TITLE 16—CONSERVATION § 5507 (Pub. L. 104–43, title I, § 107, Nov. 3, 1995, 109 Stat. 372.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e), was in the original ‘‘this Act’’, and was translated as reading ‘‘this title’’, meaning title I of Pub. L. 104–43, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 120 days after Nov. 3, 1995, see sec- tion 111 of Pub. L. 104–43, set out as a note under sec- tion 5501 of this title. 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. § 5507. Civil penalties and permit sanctions (a) Civil penalties (1) Any person who is found by the Secretary, after notice and opportunity for a hearing in ac- cordance with section 554 of title 5, to have com- mitted an act prohibited by section 5505 of this title shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil pen- alty shall be assessed by the Secretary by writ- ten notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with re- spect to the violation, the degree of culpability, any history of prior offenses, and such other matters as justice may require. (2) The Secretary may compromise, modify, or remit, with or without conditions, any civil pen- alty that is subject to imposition or that has been imposed under this section. (b) Permit sanctions (1) In any case in which— (A) a vessel of the United States has been used in the commission of an act prohibited under section 5505 of this title; (B) the owner or operator of a vessel or any other person who has been issued or has ap- plied for a permit under section 5503 of this title has acted in violation of section 5505 of this title; or (C) any amount in settlement of a civil for- feiture imposed on a high seas fishing vessel or other property, or any civil penalty or crimi- nal fine imposed on a high seas fishing vessel or on an owner or operator of such a vessel or on any other person who has been issued or has applied for a permit under any fishery re- source statute enforced by the Secretary, has not been paid and is overdue, the Secretary may— (i) revoke any permit issued to or applied for by such vessel or person under this chap- ter, with or without prejudice to the issuance of subsequent permits; (ii) suspend such permit for a period of time considered by the Secretary to be ap- propriate; (iii) deny such permit; or (iv) impose additional conditions and re- strictions on such permit. (2) In imposing a sanction under this sub- section, the Secretary shall take into account— (A) the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and (B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. (3) Transfer of ownership of a high seas fishing vessel, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pend- ing at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the exist- ence of any permit sanction that will be in ef- fect or pending with respect to the vessel at the time of the transfer. The Secretary may waive or compromise a sanction in the case of a trans- fer pursuant to court order. (4) In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty or criminal fine, the Secretary shall re- instate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate. (5) No sanctions shall be imposed under this subsection unless there has been prior oppor- tunity for a hearing on the facts underlying the violation for which the sanction is imposed, ei- ther in conjunction with a civil penalty pro- ceeding under this section or otherwise. (c) Hearing For the purposes of conducting any hearing under this section, the Secretary may issue sub- poenas for the attendance and testimony of wit- nesses 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 any person pursuant to this subsection, the district court of the United States for any dis- trict 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 requir- ing such 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 such order of the court may be punished by such court as a contempt there- of. (d) Judicial review Any person against whom a civil penalty is as- sessed under subsection (a) or against whose ves- sel a permit sanction is imposed under sub- section (b) (other than a permit suspension for