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16 USC CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE

-CITE-
16 USC CHAPTER 75 - HIGH SEAS FISHING COMPLIANCE 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 5501 01/19/04

-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.


-MISC1-
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'."

-End-



-CITE-
16 USC Sec. 5502 01/19/04

-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.


-MISC1-
AMENDMENTS
2000 - Par. (4). Pub. L. 106-562 inserted "or subject to the
jurisdiction of the United States" after "United States" in
introductory provisions.

-End-



-CITE-
16 USC Sec. 5503 01/19/04

-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.


-MISC1-
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.

-End-



-CITE-
16 USC Sec. 5504 01/19/04

-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.


-MISC1-
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.

-End-



-CITE-
16 USC Sec. 5505 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 5506 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 5507 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 5508 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 5509 01/19/04

-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.

-End-