16 USC 1437 - Enforcement

U.S Code last checked for updates: May 04, 2024

§ 1437.

Enforcement

(a)

In general

(b)

Powers of authorized officers

Any person who is authorized to enforce this chapter may—

(1)

board, search, inspect, and seize any vessel suspected of being used to violate this chapter or any regulation or permit issued under this chapter and any equipment, stores, and cargo of such vessel;

(2)

seize wherever found any sanctuary resource taken or retained in violation of this chapter or any regulation or permit issued under this chapter;

(3)

seize any evidence of a violation of this chapter or of any regulation or permit issued under this chapter;

(4)

execute any warrant or other process issued by any court of competent jurisdiction;

(5)

exercise any other lawful authority; and

(6)

arrest any person, if there is reasonable cause to believe that such person has committed an act prohibited by section 1436(3) of this title.

(c)

Criminal offenses

(1)

Offenses

(2)

Punishment

Any person that is guilty of an offense under this subsection—

(A)

except as provided in subparagraph (B), shall be fined under title 18, imprisoned for not more than 6 months, or both; or

(B)

in the case of a person who in the commission of such an offense uses a dangerous weapon, engages in conduct that causes bodily injury to any person authorized to enforce this chapter or any person authorized to implement the provisions of this chapter, or places any such person in fear of imminent bodily injury, shall be fined under title 18, imprisoned for not more than 10 years, or both.

(d)

Civil penalties

(1)

Civil penalty

(2)

Notice

(3)

In rem jurisdiction

(4)

Review of civil penalty

(5)

Collection of penalties

(6)

Compromise or other action by Secretary

(e)

Forfeiture

(1)

In general

(2)

Application of the customs laws

(3)

Disposal of sanctuary resources

(4)

Presumption

(f)

Payment of storage, care, and other costs

(1)

Expenditures

(A)

Notwithstanding any other law, amounts received by the United States as civil penalties, forfeitures of property, and costs imposed under paragraph (2) shall be retained by the Secretary in the manner provided for in section 9607(f)(1) of title 42.

(B)

Amounts received under this section for forfeitures and costs imposed under paragraph (2) shall be used to pay the reasonable and necessary costs incurred by the Secretary to provide temporary storage, care, maintenance, and disposal of any sanctuary resource or other property seized in connection with a violation of this chapter or any regulation or permit issued under this chapter.

(C)

Amounts received under this section as civil penalties and any amounts remaining after the operation of subparagraph (B) shall be used, in order of priority, to—

(i)

manage and improve the national marine sanctuary with respect to which the violation occurred that resulted in the penalty or forfeiture;

(ii)

pay a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this chapter or any regulation or permit issued under this chapter; and

(iii)

manage and improve any other national marine sanctuary.

(2)

Liability for costs

(g)

Subpoenas

(h)

Use of resources of State and other Federal agencies

(i)

Coast Guard authority not limited

(j)

Injunctive relief

(k)

Area of application and enforceability

(l)

Nationwide service of process

(Pub. L. 92–532, title III, § 307, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 100–627, title II, § 207, Nov. 7, 1988, 102 Stat. 3219; Pub. L. 102–587, title II, § 2107(a)–(c), (e), Nov. 4, 1992, 106 Stat. 5043, 5044; Pub. L. 104–283, § 9(c), Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, § 8, Nov. 13, 2000, 114 Stat. 2387.)

cite as: 16 USC 1437