-CITE-

16 USC CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

.

-HEAD-

CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

-MISC1-

Sec.

5501. Purpose.

5502. Definitions.

5503. Permitting.

(a) In general.

(b) Eligibility.

(c) Application.

(d) Conditions.

(e) Fees.

(f) Duration.

5504. Responsibilities of Secretary.

(a) Record.

(b) Information to FAO.

(c) Information to flag nations.

(d) Regulations.

(e) Notice of international conservation and

management measures.

5505. Unlawful activities.

5506. Enforcement provisions.

(a) Duties of Secretaries.

(b) District court jurisdiction.

(c) Powers of enforcement officers.

(d) Issuance of citations.

(e) Liability for costs.

5507. Civil penalties and permit sanctions.

(a) Civil penalties.

(b) Permit sanctions.

(c) Hearing.

(d) Judicial review.

(e) Collection.

5508. Criminal offenses.

(a) Offenses.

(b) Punishment.

5509. Forfeitures.

(a) In general.

(b) Jurisdiction of district courts.

(c) Judgment.

(d) Procedure.

(e) Rebuttable presumption.

-CITE-

16 USC Sec. 5501 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

-HEAD-

Sec. 5501. Purpose

-STATUTE-

It is the purpose of this chapter -

(1) to implement the Agreement to Promote Compliance with

International Conservation and Management Measures by Fishing

Vessels on the High Seas, adopted by the Conference of the Food

and Agriculture Organization of the United Nations on November

24, 1993; and

(2) to establish a system of permitting, reporting, and

regulation for vessels of the United States fishing on the high

seas.

-SOURCE-

(Pub. L. 104-43, title I, Sec. 102, Nov. 3, 1995, 109 Stat. 367.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, 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.

-MISC2-

EFFECTIVE DATE

Section 111 of title I of Pub. L. 104-43 provided that: ''This

title (enacting this chapter) shall take effect 120 days after the

date of enactment of this Act (Nov. 3, 1995).''

SHORT TITLE

Section 1 of Pub. L. 104-43 provided that: ''This Act (enacting

this chapter, chapters 76 (Sec. 5601 et seq.) and 77 (Sec. 5701 et

seq.) of this title, sections 971j, 971k, and 1826d to 1826g of

this title, and sections 1980a and 1980b of Title 22, Foreign

Relations and Intercourse, amending sections 971, 971b, 971c to

971e, 971h, 971i, 973g, 1383a, and 5002 of this title and section

1977 of Title 22, enacting provisions set out as notes under this

section, sections 971, 971c, 1383a, 1801, 1821, 1823, 1826d, 5601,

and 5701 of this title, and section 1980a of Title 22, and amending

provisions set out as a note under section 1823 of this title) may

be cited as the 'Fisheries Act of 1995'.''

Section 101 of title I of Pub. L. 104-43 provided that: ''This

title (enacting this chapter) may be cited as the 'High Seas

Fishing Compliance Act of 1995'.''

-CITE-

16 USC Sec. 5502 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

-HEAD-

Sec. 5502. Definitions

-STATUTE-

As used in this chapter -

(1) The term ''Agreement'' means the Agreement to Promote

Compliance with International Conservation and Management

Measures by Fishing Vessels on the High Seas, adopted by the

Conference of the Food and Agriculture Organization of the United

Nations on November 24, 1993.

(2) The term ''FAO'' means the Food and Agriculture

Organization of the United Nations.

(3) The term ''high seas'' means the waters beyond the

territorial sea or exclusive economic zone (or the equivalent) of

any nation, to the extent that such territorial sea or exclusive

economic zone (or the equivalent) is recognized by the United

States.

(4) The term ''high seas fishing vessel'' means any vessel of

the United States or subject to the jurisdiction of the United

States used or intended for use -

(A) on the high seas;

(B) for the purpose of the commercial exploitation of living

marine resources; and

(C) as a harvesting vessel, as a mother ship, or as any other

support vessel directly engaged in a fishing operation.

(5) The term ''international conservation and management

measures'' means measures to conserve or manage one or more

species of living marine resources that are adopted and applied

in accordance with the relevant rules of international law, as

reflected in the 1982 United Nations Convention on the Law of the

Sea, and that are recognized by the United States. Such measures

may be adopted by global, regional, or sub-regional fisheries

organizations, subject to the rights and obligations of their

members, or by treaties or other international agreements.

(6) The term ''length'' means -

(A) for any high seas fishing vessel built after July 18,

1982, 96 percent of the total length on a waterline at 85

percent of the least molded depth measured from the top of the

keel, or the length from the foreside of the stem to the axis

of the rudder stock on that waterline, if that is greater,

except that in ships designed with a rake of keel the waterline

on which this length is measured shall be parallel to the

designed waterline; and

(B) for any high seas fishing vessel built before July 18,

1982, registered length as entered on the vessel's

documentation.

(7) The term ''person'' means any individual (whether or not a

citizen or national of the United States), any corporation,

partnership, association, or other entity (whether or not

organized or existing under the laws of any State), and any

Federal, State, local, or foreign government or any entity of any

such government.

(8) The term ''Secretary'' means the Secretary of Commerce.

(9) The term ''vessel of the United States'' means -

(A) a vessel documented under chapter 121 of title 46 or

numbered in accordance with chapter 123 of title 46;

(B) a vessel owned in whole or part by -

(i) the United States or a territory, commonwealth, or

possession of the United States;

(ii) a State or political subdivision thereof;

(iii) a citizen or national of the United States; or

(iv) a corporation created under the laws of the United

States or any State, the District of Columbia, or any

territory, commonwealth, or possession of the United States;

unless the vessel has been granted the nationality of a

foreign nation in accordance with article 92 of the 1982

United Nations Convention on the Law of the Sea and a claim

of nationality or registry for the vessel is made by the

master or individual in charge at the time of the enforcement

action by an officer or employee of the United States

authorized to enforce applicable provisions of the United

States law; and

(C) a vessel that was once documented under the laws of the

United States and, in violation of the laws of the United

States, was either sold to a person not a citizen of the United

States or placed under foreign registry or a foreign flag,

whether or not the vessel has been granted the nationality of a

foreign nation.

(10) The terms ''vessel subject to the jurisdiction of the

United States'' and ''vessel without nationality'' have the same

meaning as in section 1903(c) of title 46, Appendix.

-SOURCE-

(Pub. L. 104-43, title I, Sec. 103, Nov. 3, 1995, 109 Stat. 367;

Pub. L. 106-562, title III, Sec. 305, Dec. 23, 2000, 114 Stat.

2807.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, 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.

-MISC2-

AMENDMENTS

2000 - Par. (4). Pub. L. 106-562 inserted ''or subject to the

jurisdiction of the United States'' after ''United States'' in

introductory provisions.

-CITE-

16 USC Sec. 5503 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

-HEAD-

Sec. 5503. Permitting

-STATUTE-

(a) In general

No high seas fishing vessel shall engage in harvesting operations

on the high seas unless the vessel has on board a valid permit

issued under this section.

(b) Eligibility

(1) Any vessel of the United States is eligible to receive a

permit under this section, unless the vessel was previously

authorized to be used for fishing on the high seas by a foreign

nation, and

(A) the foreign nation suspended such authorization because the

vessel undermined the effectiveness of international conservation

and management measures, and the suspension has not expired; or

(B) the foreign nation, within the last three years preceding

application for a permit under this section, withdrew such

authorization because the vessel undermined the effectiveness of

international conservation and management measures.

(2) The restriction in paragraph (1) does not apply if ownership

of the vessel has changed since the vessel undermined the

effectiveness of international conservation and management

measures, and the new owner has provided sufficient evidence to the

Secretary demonstrating that the previous owner or operator has no

further legal, beneficial or financial interest in, or control of,

the vessel.

(3) The restriction in paragraph (1) does not apply if the

Secretary makes a determination that issuing a permit would not

subvert the purposes of the Agreement.

(4) The Secretary may not issue a permit to a vessel unless the

Secretary is satisfied that the United States will be able to

exercise effectively its responsibilities under the Agreement with

respect to that vessel.

(c) Application

(1) The owner or operator of a high seas fishing vessel may apply

for a permit under this section by completing an application form

prescribed by the Secretary.

(2) The application form shall contain -

(A) the vessel's name, previous names (if known), official

numbers, and port of record;

(B) the vessel's previous flags (if any);

(C) the vessel's International Radio Call Sign (if any);

(D) the names and addresses of the vessel's owners and

operators;

(E) where and when the vessel was built;

(F) the type of vessel;

(G) the vessel's length; and

(H) any other information the Secretary requires for the

purposes of implementing the Agreement.

(d) Conditions

The Secretary shall establish such conditions and restrictions on

each permit issued under this section as are necessary and

appropriate to carry out the obligations of the United States under

the Agreement, including but not limited to the following:

(1) The vessel shall be marked in accordance with the FAO

Standard Specifications for the Marking and Identification of

Fishing Vessels, or with regulations issued under section 1855 of

this title; and

(2) The permit holder shall report such information as the

Secretary by regulation requires, including area of fishing

operations and catch statistics. The Secretary shall promulgate

regulations concerning conditions under which information

submitted under this paragraph may be released.

(e) Fees

(1) The Secretary shall by regulation establish the level of fees

to be charged for permits issued under this section. The amount of

any fee charged for a permit issued under this section shall not

exceed the administrative costs incurred in issuing such permits.

The permitting fee may be in addition to any fee required under any

regional permitting regime applicable to high seas fishing vessels.

(2) The fees authorized by paragraph (1) shall be collected and

credited to the Operations, Research and Facilities account of the

National Oceanic and Atmospheric Administration. Fees collected

under this subsection shall be available for the necessary expenses

of the National Oceanic and Atmospheric Administration in

implementing this chapter, and shall remain available until

expended.

(f) Duration

A permit issued under this section is valid for 5 years. A

permit issued under this section is void in the event the vessel is

no longer eligible for United States documentation, such

documentation is revoked or denied, or the vessel is deleted from

such documentation.

-SOURCE-

(Pub. L. 104-43, title I, Sec. 104, Nov. 3, 1995, 109 Stat. 369;

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec.

211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (e)(2), 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.

-MISC2-

AMENDMENTS

1996 - Subsec. (d)(1). Pub. L. 104-208 made technical amendment

to reference in original act which appears in text as reference to

section 1855 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5504, 5505, 5507 of this

title.

-CITE-

16 USC Sec. 5504 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

-HEAD-

Sec. 5504. Responsibilities of Secretary

-STATUTE-

(a) Record

The Secretary shall maintain an automated file or record of high

seas fishing vessels issued permits under section 5503 of this

title, including all information submitted under section 5503(c)(2)

of this title.

(b) Information to FAO

The Secretary, in cooperation with the Secretary of State and the

Secretary of the department in which the Coast Guard is operating,

shall -

(1) make available to FAO information contained in the record

maintained under subsection (a) of this section;

(2) promptly notify FAO of changes in such information;

(3) promptly notify FAO of additions to or deletions from the

record, and the reason for any deletion;

(4) convey to FAO information relating to any permit granted

under section 5503(b)(3) of this title, including the vessel's

identity, owner or operator, and factors relevant to the

Secretary's determination to issue the permit;

(5) report promptly to FAO all relevant information regarding

any activities of high seas fishing vessels that undermine the

effectiveness of international conservation and management

measures, including the identity of the vessels and any sanctions

imposed; and

(6) provide the FAO a summary of evidence regarding any

activities of foreign vessels that undermine the effectiveness of

international conservation and management measures.

(c) Information to flag nations

If the Secretary, in cooperation with the Secretary of State and

the Secretary of the department in which the Coast Guard is

operating, has reasonable grounds to believe that a foreign vessel

has engaged in activities undermining the effectiveness of

international conservation and management measures, the Secretary

shall -

(1) provide to the flag nation information, including

appropriate evidentiary material, relating to those activities;

and

(2) when such foreign vessel is voluntarily in a United States

port, promptly notify the flag nation and, if requested by the

flag nation, make arrangements to undertake such lawful

investigatory measures as may be considered necessary to

establish whether the vessel has been used contrary to the

provisions of the Agreement.

(d) Regulations

The Secretary, after consultation with the Secretary of State and

the Secretary of the department in which the Coast Guard is

operating, may promulgate such regulations, in accordance with

section 553 of title 5, as may be necessary to carry out the

purposes of the Agreement and this chapter. The Secretary shall

coordinate such regulations with any other entities regulating high

seas fishing vessels, in order to minimize duplication of permit

application and reporting requirements. To the extent practicable,

such regulations shall also be consistent with regulations

implementing fishery management plans under the Magnuson-Stevens

Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(e) Notice of international conservation and management measures

The Secretary, in consultation with the Secretary of State, shall

publish in the Federal Register, from time to time, a notice

listing international conservation and management measures

recognized by the United States.

-SOURCE-

(Pub. L. 104-43, title I, Sec. 105, Nov. 3, 1995, 109 Stat. 370;

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec.

211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-

REFERENCES IN TEXT

The Magnuson-Stevens Fishery Conservation and Management Act,

referred to in subsec. (d), is Pub. L. 94-265, Apr. 13, 1976, 90

Stat. 331, as amended, which is classified principally to chapter

38 (Sec. 1801 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1801 of this title and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-208 substituted

''Magnuson-Stevens Fishery'' for ''Magnuson Fishery''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5505 of this title.

-CITE-

16 USC Sec. 5505 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

-HEAD-

Sec. 5505. Unlawful activities

-STATUTE-

It is unlawful for any person subject to the jurisdiction of the

United States -

(1) to use a high seas fishing vessel on the high seas in

contravention of international conservation and management

measures described in section 5504(e) of this title;

(2) to use a high seas fishing vessel on the high seas, unless

the vessel has on board a valid permit issued under section 5503

of this title;

(3) to use a high seas fishing vessel in violation of the

conditions or restrictions of a permit issued under section 5503

of this title;

(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, incomplete,

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 conducting 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, impede, intimidate, or

interfere with an authorized officer in the conduct of any search

or inspection 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 detection of another person, knowing

that such person has committed any act prohibited by this

section;

(9) to ship, transport, offer for sale, sell, purchase, import,

export, or have custody, control, or possession of, any living

marine resource 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.

-SOURCE-

(Pub. L. 104-43, title I, Sec. 106, Nov. 3, 1995, 109 Stat. 371.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5506, 5507, 5508, 5509 of

this title.

-CITE-

16 USC Sec. 5506 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

-HEAD-

Sec. 5506. Enforcement provisions

-STATUTE-

(a) Duties of Secretaries

This chapter shall be enforced by the Secretary of Commerce and

the Secretary of the department 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 vessels), 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 entered into an agreement with either such

Secretary 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 controversy arising under the

provisions of this chapter. In the case of Guam, and any

Commonwealth, 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 subsection (a) of this

section to enforce the provisions of this chapter may -

(A) with or without a warrant or other process -

(i) arrest any person, if the officer has reasonable cause to

believe that such person has committed an act prohibited by

paragraph (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 (together with its

fishing gear, furniture, appurtenances, stores, and cargo) used

or employed in, or with respect to which it reasonably 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 section 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 responsibilities 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)

of this section. If a permit has been issued pursuant to this

chapter for such vessel, such officer shall note the issuance of

any citation under this subsection, including the date thereof and

the reason therefor, on the permit. The Secretary shall maintain a

record of all citations issued pursuant to this subsection.

(e) Liability for costs

Any person assessed a civil penalty for, or convicted 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.

-SOURCE-

(Pub. L. 104-43, title I, Sec. 107, Nov. 3, 1995, 109 Stat. 372.)

-REFTEXT-

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.

-TRANS-

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 relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5509 of this title.

-CITE-

16 USC Sec. 5507 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

-HEAD-

Sec. 5507. Civil penalties and permit sanctions

-STATUTE-

(a) Civil penalties

(1) 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 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 penalty shall be

assessed by the Secretary by written 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 respect 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 penalty 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 applied 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 forfeiture imposed on a

high seas fishing vessel or other property, or any civil penalty

or criminal 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

resource 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 chapter, 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 appropriate;

(iii) deny such permit; or

(iv) impose additional conditions and restrictions on such

permit.

(2) In imposing a sanction under this subsection, 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 pending 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 existence of any permit sanction that will be in

effect 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 transfer 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 reinstate 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 opportunity for a hearing on the facts

underlying the violation for which the sanction is imposed, either

in conjunction with a civil penalty proceeding under this section

or otherwise.

(c) Hearing

For the purposes of conducting any hearing under this section,

the Secretary may issue subpoenas for the attendance and testimony

of witnesses 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 district 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 requiring 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

thereof.

(d) Judicial review

Any person against whom a civil penalty is assessed under

subsection (a) of this section or against whose vessel a permit

sanction is imposed under subsection (b) of this section (other

than a permit suspension for nonpayment of penalty or fine) may

obtain review 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 substantial 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 prohibited by section 5505 of this title shall be liable

in rem for any civil penalty assessed for such violation under

subsection (a) of this section and may be proceeded 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.

-SOURCE-

(Pub. L. 104-43, title I, Sec. 108, Nov. 3, 1995, 109 Stat. 373.)

-CITE-

16 USC Sec. 5508 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

-HEAD-

Sec. 5508. Criminal offenses

-STATUTE-

(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) of this section 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 weapon,

engages in conduct that causes bodily injury to any authorized

officer, or places any such officer in fear of imminent bodily

injury, the offense is a felony punishable by a fine under title

18, or imprisonment for not more than 10 years, or both.

-SOURCE-

(Pub. L. 104-43, title I, Sec. 109, Nov. 3, 1995, 109 Stat. 375.)

-CITE-

16 USC Sec. 5509 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

-HEAD-

Sec. 5509. Forfeitures

-STATUTE-

(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

retained, 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

section 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 Attorney General on behalf of the United

States, to order any forfeiture authorized under subsection (a) of

this section and any action provided for under subsection (d) of

this section.

(c) Judgment

If a judgment is entered for the United States in a civil

forfeiture proceeding under this section, the Attorney General may

seize any property or other interest declared forfeited to the

United States, which has not previously been seized pursuant to

this chapter or for which security 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 provisions 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 security 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 monetary value of such property pursuant to an

order of such court. Judgment shall be recoverable on such bond or

other security against both the principal and any sureties in the

event that any condition thereof is breached, as determined by such

court.

(2) Any living marine resources seized pursuant 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 involved.

(e) Rebuttable presumption

For purposes of this section, all living marine resources found

on board a high seas fishing vessel 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 violation of this

chapter, but the presumption can be rebutted by an appropriate

showing of evidence to the contrary.

-SOURCE-

(Pub. L. 104-43, title I, Sec. 110, Nov. 3, 1995, 109 Stat. 375.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (c), are classified

generally to Title 19, Customs Duties.

-CITE-