§973f — Title 16 Conservation | U.S. Code

Summary

People who break the rules listed in 973c must pay a civil fine to the United States. Before giving a notice of violation, the Secretary must talk with the Secretary of State, and the Secretary of State can join any penalty case if told in writing. The fine is set under rules in the Treaty and depends on how serious the act was, the person’s fault, any prior offenses, ability to pay, and similar justice factors. A single violation can bring a fine up to $250,000. You can challenge a penalty in federal district court by filing a complaint within 30 days and sending copies by certified mail to the Secretary, the Attorney General, and the U.S. Attorney. The Secretary must put the case record in court and the court can change the Secretary’s decision if it is not supported by substantial evidence. If a final penalty is not paid, the Secretary sends the case to the Attorney General to collect in court. A fishing vessel used in a violation can be held legally responsible and its penalty can become a maritime lien. The Secretary, after talking with the Secretary of State, may reduce or cancel penalties. For hearings, the Secretary can issue subpoenas, give oaths, and witnesses get the same fees and mileage paid in U.S. courts; a federal court can enforce subpoenas and punish contempt. There is an exception for certain vessel violations if the vessel had a valid Treaty license at the time and, within 60 days after the penalty is final, leaves and stays outside the Licensing Area and Closed Areas until the penalty is paid.

Title 16, §973f

Conservation — Source: USLM XML via OLRC

(a)Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, to have committed an act prohibited by section 973c of this title, shall be liable to the United States for a civil penalty. Before issuing a notice of violation, the Secretary shall consult with the Secretary of State. The amount of the civil penalty shall be determined in accordance with considerations set forth in the Treaty and shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. The amount of the civil penalty shall not exceed $250,000 for each violation. Upon written notice, the Secretary of State shall have the right to participate in any proceeding initiated to assess a civil penalty for violation of this chapter.

(b)Any person against whom a civil penalty is assessed under subsection (a) of this section may obtain review thereof in the United States district court for the appropriate district by filing a complaint in such court within 30 days from the date of the order and by simultaneously serving a copy of the complaint by certified mail on the Secretary, the Attorney General of the United States, and the appropriate United States Attorney. The Secretary shall promptly file in the court a certified copy of the record upon which the violation was found or the penalty imposed. The findings and order of the Secretary shall be set aside or modified by the court if they are not found to be supported by substantial evidence, as provided in section 706(2) of title 5.

(c)Except as provided in subsection (g) of this section, 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 Secretary shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States.

(d)Except as provided in subsection (g) of this section, a fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by section 973c of this title shall be liable in rem for any civil penalty assessed for the violation under this section and may be proceeded against in any district court of the United States having jurisdiction thereof. The penalty shall constitute a maritime lien on the vessel which may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.

(e)The Secretary, after consultation with the Secretary of State, may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section.

(f)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 a person pursuant to this subsection, the district court of the United States for any district in which the person is found, resides, or transacts business, upon application by the United States and after notice to the person, shall have jurisdiction to issue an order requiring the 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 the order of the court may be punished by the court as a contempt thereof.

(g)If a vessel used in a violation of paragraph (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 973c(a) or section 973c(b) of this title for which a civil penalty has been assessed—

(1)had a valid license under the Treaty at the time of the violation, and

(2)within 60 days after the penalty assessment has become final, leaves and remains outside of the Licensing Area and all Closed Areas until the final penalty has been paid,

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, § 8416(a), struck out “Code” after “liable to the United States” in first sentence and substituted “The amount” for “Except for those acts prohibited by section 973c(a)(4), (5), (7), (8), (10), (11), and (12), and section 973c(b)(1), (2), (3), and (7) of this title, the amount” in fourth sentence. Subsec. (g). Pub. L. 119–60, § 8416(b)(1), substituted “paragraph (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 973c(a)” for “section 973c(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (13)” in introductory provisions. Subsec. (g)(2). Pub. L. 119–60, § 8416(b)(2), struck out “, all Limited Areas closed to fishing,” after “outside of the Licensing Area”. 1988—Subsec. (a). Pub. L. 100–350, § 4(1), substituted “and gravity” for “any gravity” and “history of prior” for “history or prior”. Subsec. (g)(1). Pub. L. 100–350, § 4(2), substituted “Treaty” for “Treasury”.

§973f Civil penalties

Summary

Title 16, §973f

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata