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

Summary

If the Secretary, after giving notice and holding a hearing, finds someone broke the rules in section 973c, that person must pay a civil fine to the United States. Before starting a violation notice, the Secretary must talk with the Secretary of State. Fines are set using rules in the Treaty and by looking at things like how serious the act was, how it happened, the person’s blame, past offenses, and ability to pay. A fine cannot be more than $250,000 for each violation. The Secretary of State may take part in the penalty process. The Secretary can also settle, reduce, or cancel a fine after consulting the Secretary of State. A person fined has 30 days to ask a U.S. district court to review the penalty and must send copies to the Secretary, the Attorney General, and the U.S. Attorney. The court will get the Secretary’s record and can change the decision if there is not substantial evidence. If a final fine is not paid, the Secretary sends the case to the Attorney General, who will sue to collect it. A fishing vessel used in the violation (including gear and cargo) can be held responsible and the fine can become a maritime lien — a legal claim against the vessel that can be enforced in federal court. The Secretary can issue subpoenas for hearings and the courts can enforce them. Subsection (g) describes a limited exception when the vessel had a valid Treaty license and leaves and stays outside certain areas within 60 days.

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