§1437 Enforcement

Summary

The Secretary must do whatever enforcement is needed and reasonable to make the rules in this chapter work. People the Secretary authorizes can board, search, inspect, and seize any vessel they suspect is breaking the rules, and take its gear, stores, cargo, or any sanctuary resource taken illegally. They can seize evidence, carry out warrants, use other lawful powers, and arrest someone if there is reasonable cause to believe that person committed an act prohibited by section 1436(3). If someone commits an act prohibited by section 1436(3), they can be criminally punished. The basic penalty is a fine under title 18, up to 6 months in prison, or both. If a dangerous weapon is used, someone is hurt, or an enforcement person is put in fear of immediate harm, the penalty can be a fine under title 18, up to 10 years in prison, or both. Civilly, anyone under U.S. jurisdiction who breaks the chapter or its permits can be fined up to $100,000 per violation, with each day of continued violation treated as a separate violation. No civil penalty is assessed until the person gets notice and a chance for a hearing. A vessel used in a violation can be held and made the subject of a lien or court action. A person can ask a U.S. district court to review the penalty by filing within 30 days. If a final penalty goes unpaid, the Attorney General will try to collect it; the penalty order’s validity cannot be re-litigated in that collection action. The Secretary may reduce or cancel penalties. Vessels, other items used in violations, and illegally taken sanctuary resources may be forfeited to the United States by a civil action. Forfeiture proceeds are separate from penalties or damages, and the Secretary may use customs enforcement powers and dispose of perishable seized resources by court order or regulation. There is a rebuttable presumption that sanctuary resources found on a vessel used or seized in a violation were taken illegally. Money collected is kept by the Secretary under section 9607(f)(1) of title 42; forfeiture proceeds pay storage and care costs first, and remaining penalty money is used first to manage the sanctuary where the violation happened, then to pay rewards for helpful information, and then to help other sanctuaries. The Secretary can issue subpoenas and take oaths in certain hearings, use state and federal personnel by agreement, and this section does not limit the Coast Guard’s enforcement powers. If the Secretary finds an imminent risk or actual injury to a sanctuary resource, the Attorney General will seek court orders to stop, restore, or replace the resource. The chapter applies in the territorial sea described in Presidential Proclamation 5928 of December 27, 1988, and in the United States exclusive economic zone. Process may be served in any district where the defendant is found, lives, does business, or has an agent.