§7407 Enforcement

Summary

Use the same federal enforcement tools and rules that other related laws provide to enforce this chapter. That means “vessel” covers all vessels defined in section 7402(8), and the rules apply to breaking this chapter or its rules. If the Secretary finds, after notice and a hearing under section 554 of title 5, that someone did what section 7406 bans, the person must pay a civil penalty set to match the amounts in section 1858(a). The Secretary has the same enforcement powers as in section 1858(e). Rules for holding a vessel itself responsible match section 1858(d). If a penalty is not paid after final order or judgment, the Secretary will send the case to the Attorney General, who will collect it in federal court, and the final order cannot be re‑reviewed there. Foreign vessels, their gear, cargo, and fish tied to a violation can be seized and forfeited under section 1860. Customs seizure and forfeiture rules apply when they fit, and the Secretary can name officers or other agencies to handle seizures. Fish found on a seized or used vessel are presumed, unless proved otherwise, to have come from illegal, unreported, or unregulated fishing. People (not foreign government agencies or wholly government‑owned entities) who knowingly break section 7406 are also subject to the penalties in section 1859(b) and (c). Anyone fined, convicted, or claiming forfeited property must pay reasonable costs for storing and caring for seized items.