PRIA, Government Policy, Made Personal

Summary

If a U.S. vessel is used to illegally take a marine mammal, its entire cargo or the money value of that cargo can be seized and forfeited. The usual customs rules about seizing, selling, and handling cargo and sale proceeds apply when they fit and do not conflict with this law. The vessel can also be fined up to $25,000 by a federal court. The vessel may be held in port until the fine is paid or a bond is posted, and the fine becomes a maritime lien that can be enforced against the vessel in federal court. If the Secretary recommends it, the Treasury may pay half of the fine, up to $2,500, to anyone who gives information that leads to a conviction. Federal, state, or local officers or employees who provide information as part of their official duties cannot receive this payment.

Title 16, §1376

Conservation, Source: USLM XML via OLRC

(a)Application of consistent provisions

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)Penalties

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)Reward for information leading to conviction

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