§1376 — Title 16 Conservation | U.S. Code

Summary

If a boat or other craft under U.S. control is used to illegally take a marine mammal, its entire cargo or the money value of that cargo can be seized and lost to the owners. Federal rules about seizing and selling cargo for customs violations apply too, so long as they do not conflict with this rule. A federal court can also fine the vessel up to $25,000. A port can block the vessel from leaving until the fine is paid or a bond is posted. The fine becomes a legal claim against the vessel and can be collected by suing the vessel itself in federal court. If the Secretary recommends it, the Secretary of the Treasury may pay half of the fine, up to $2,500, to someone whose tip leads to a conviction. Federal, state, or local officers who provided information as part of their official duties cannot get that payment.

Title 16, §1376

Conservation — Source: USLM XML via OLRC

(a)Any vessel or other conveyance subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall have its entire cargo or the monetary value thereof subject to seizure and forfeiture. All provisions of law relating to the seizure, judicial forfeiture, and condemnation of cargo for violation of the customs laws, the disposition of such cargo, and the proceeds from the sale thereof, and the remission or mitigation of any such forfeiture, shall apply with respect to the cargo of any vessel or other conveyance seized in connection with the unlawful taking of a marine mammal insofar as such provisions of law are applicable and not inconsistent with the provisions of this subchapter.

(b)Any vessel subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall be liable for a civil penalty of not more than $25,000. Such penalty shall be assessed by the district court of the United States having jurisdiction over the vessel. Clearance of a vessel against which a penalty has been assessed, from a port of the United States, may be withheld until such penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a maritime lien on such vessel which may be recovered by action in rem in the district court of the United States having jurisdiction over the vessel.

(c)Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the fine incurred but not to exceed $2,500 to any person who furnishes information which leads to a conviction for a violation of this subchapter. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this section.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title.

§1376 Seizure and forfeiture of cargo

Summary

Title 16, §1376

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata