16 U.S.C. § 5509 — Forfeitures

Page 2550 TITLE 16—CONSERVATION § 5508 nonpayment of penalty or fine) may obtain re- view thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court within 30 days from the date of such penalty or sanction. The Secretary shall promptly file in such court a certified copy of the record upon which such penalty or sanction was imposed, as provided in section 2112 of title 28. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substan- tial evidence, as provided in section 706(2) of title 5. (e) Collection (1) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the matter shall be referred to the Attorney General, who shall recover the amount assessed 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 review. (2) A high seas fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act pro- hibited by section 5505 of this title shall be lia- ble in rem for any civil penalty assessed for such violation under subsection (a) and may be pro- ceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel that may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel. (Pub. L. 104–43, title I, § 108, Nov. 3, 1995, 109 Stat. 373.) 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. § 5508. Criminal offenses (a) Offenses A person is guilty of an offense if the person commits any act prohibited by paragraph (6), (7), (8), or (9) of section 5505 of this title. (b) Punishment Any offense described in subsection (a) is a class A misdemeanor punishable by a fine under title 18, or imprisonment for not more than one year, or both; except that if in the commission of any offense the person uses a dangerous weap- on, engages in conduct that causes bodily injury to any authorized officer, or places any such of- ficer in fear of imminent bodily injury, the of- fense is a felony punishable by a fine under title 18, or imprisonment for not more than 10 years, or both. (Pub. L. 104–43, title I, § 109, Nov. 3, 1995, 109 Stat. 375.) 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. § 5509. Forfeitures (a) In general Any high seas fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any living marine resources (or the fair market value thereof) taken or re- tained, in any manner, in connection with or as a result of the commission of any act prohibited by section 5505 of this title (other than an act for which the issuance of a citation under sec- tion 5506 of this title is a sufficient sanction) shall be subject to forfeiture to the United States. All or part of such vessel may, and all such living marine resources (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under this section. (b) Jurisdiction of district courts Any district court of the United States shall have jurisdiction, upon application of the Attor- ney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d). (c) Judgment If a judgment is entered for the United States in a civil forfeiture proceeding under this sec- tion, the Attorney General may seize any prop- erty or other interest declared forfeited to the United States, which has not previously been seized pursuant to this chapter or for which se- curity has not previously been obtained. The provisions of the customs laws relating to— (1) the seizure, forfeiture, and condemnation of property for violation of the customs law; (2) the disposition of such property or the proceeds from the sale thereof; and (3) the remission or mitigation of any such forfeiture; shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the pro- visions of this chapter, unless such provisions are inconsistent with the purposes, policy, and provisions of this chapter. (d) Procedure (1) Any officer authorized to serve any process in rem that is issued by a court under section 5506(b) of this title shall— (A) stay the execution of such process; or (B) discharge any living marine resources seized pursuant to such process; upon receipt of a satisfactory bond or other se- curity from any person claiming such property. Such bond or other security shall be conditioned upon such person delivering such property to the appropriate court upon order thereof, without any impairment of its value, or paying the mon- etary value of such property pursuant to an order of such court. Judgment shall be recover- able on such bond or other security against both the principal and any sureties in the event that Page 2551 TITLE 16—CONSERVATION § 5601 any condition thereof is breached, as determined by such court. (2) Any living marine resources seized pursu- ant to this chapter may be sold, subject to the approval of the appropriate court, for not less than the fair market value thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter in- volved. (e) Rebuttable presumption For purposes of this section, all living marine resources found on board a high seas fishing ves- sel and which are seized in connection with an act prohibited by section 5505 of this title are presumed to have been taken or retained in vio- lation of this chapter, but the presumption can be rebutted by an appropriate showing of evi- dence to the contrary. (Pub. L. 104–43, title I, § 110, Nov. 3, 1995, 109 Stat. 375.) 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. CHAPTER 76—NORTHWEST ATLANTIC FISHERIES CONVENTION Sec. 5601. Representation of United States under Con- vention. 5602. Requests for scientific advice. 5603. Authorities of Secretary of State with respect to Convention. 5604. Interagency cooperation. 5605. Rulemaking. 5606. Prohibited acts and enforcement. 5607. Consultative committee. 5608. Administrative matters. 5609. Definitions. 5610. Authorization of appropriations. 5611. Repealed. 5612. Repealed. § 5601. Representation of United States under Convention (a) Commissioners (1) Appointments, generally The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the Commission, who shall each— (A) be known as a ‘‘United States Commis- sioner to the Northwest Atlantic Fisheries Organization’’; and (B) serve at the pleasure of the Secretary. (2) Requirements for appointments (A) The Secretary shall ensure that of the individuals serving as Commissioners— (i) at least 1 is appointed from among rep- resentatives of the commercial fishing in- dustry; (ii) 1 (but no more than 1) is an official of the Government; and (iii) 1, other than the individual appointed under clause (ii), is a voting member of the New England Fishery Management Council. (B) The Secretary may not appoint as a Commissioner an individual unless the indi- vidual is knowledgeable and experienced con- cerning the fishery resources to which the Convention applies. (3) Terms (A) The term of an individual appointed as a Commissioner— (i) shall be specified by the Secretary at the time of appointment; and (ii) may not exceed 4 years. (B) An individual who is not a Government official may not serve more than 2 consecutive terms as a Commissioner. (b) Alternate Commissioners (1) Appointment The Secretary may, for any anticipated ab- sence of a duly appointed Commissioner, des- ignate an individual to serve as an Alternate Commissioner. (2) Functions An Alternate Commissioner may exercise all powers and perform all duties of the Commis- sioner for whom the Alternate Commissioner is designated. (c) Representatives (1) Appointment The Secretary shall appoint not more than 3 individuals to serve as the representatives of the United States on the Scientific Council, who shall each be known as a ‘‘United States Representative to the Northwest Atlantic Fisheries Organization Scientific Council’’. (2) Eligibility for appointment (A) The Secretary may not appoint an indi- vidual as a Representative unless the indi- vidual is knowledgeable and experienced con- cerning the scientific issues dealt with by the Scientific Council. (B) The Secretary shall appoint as a Rep- resentative at least 1 individual who is an offi- cial of the Government. (3) Term An individual appointed as a Representa- tive— (A) shall serve for a term of not to exceed 4 years, as specified by the Secretary at the time of appointment; (B) may be reappointed; and (C) shall serve at the pleasure of the Sec- retary. (d) Alternate Representatives (1) Appointment The Secretary may, for any anticipated ab- sence of a duly appointed Representative, des- ignate an individual to serve as an Alternate Representative. (2) Functions An Alternate Representative may exercise all powers and perform all duties of the Rep- resentative for whom the Alternate Represent- ative is designated. (e) Experts and advisers The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be accompanied at meetings of the Organi- zation by experts and advisers.