Pub. L. 116–340, § 3(e), Jan. 13, 2021, 134 Stat. 5129, provided in part that, effective five years after Jan. 13, 2021, subsection (a) of this section is amended by striking “or section 1870” after “section 1857”.

This chapter, referred to in subsec. (g)(1), was in the original “this Act”, meaning Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

2021—Subsec. (a). Pub. L. 116–340, § 3(e)(2), struck out “or section 1870” after “section 1857”.

Pub. L. 116–340, § 3(b), inserted “or section 1870” after “section 1857”.

1996—Subsec. (a). Pub. L. 104–297, § 114(a), struck out “ability to pay,” after “history of prior offenses,” and inserted at end “In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay, Provided, That the information is served on the Secretary at least 30 days prior to an administrative hearing.”

Subsec. (b). Pub. L. 104–297, § 114(b), amended first sentence generally. Prior to amendment, first sentence read as follows: “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 such order and by simultaneously serving a copy of such complaint by certified mail on the Secretary, the Attorney General and the appropriate United States Attorney.”

Subsec. (g)(1). Pub. L. 104–297, § 114(c), substituted “(C) any amount in settlement of a civil forfeiture imposed on a vessel or other property, or any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any marine resource law enforced by the Secretary has not been paid and is overdue, or (D) any payment required for observer services provided to or contracted by an owner or operator who has been issued a permit or applied for a permit under any marine resource law administered by the Secretary has not been paid and is overdue,” for “or (C) any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any fishery resource law statute enforced by the Secretary has not been paid and is overdue,”.

1990—Pub. L. 101–627, § 114(a)(1), inserted “and permit sanctions” after “penalties” in section catchline.

Subsec. (a). Pub. L. 101–627, § 114(a)(2), substituted “$100,000” for “$25,000”.

Subsec. (g). Pub. L. 101–627, § 114(a)(3), added subsec. (g).

1986—Subsec. (b). Pub. L. 99–659, § 108(1), amended first sentence generally. Prior to amendment, the sentence read as follows: “Any person against whom a civil penalty is assessed under subsection (a) of this section may obtain review thereof in the appropriate court of the United States by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary”.

Subsecs. (d) to (f). Pub. L. 99–659, § 108(2), (3), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

1983—Subsec. (e). Pub. L. 97–453 added subsec. (e).

Pub. L. 116–340, § 3(c), Jan. 13, 2021, 134 Stat. 5129, provided that: “The amendments made by this Act [enacting section 1870 of this title and amending this section] shall take effect 1 year after the date of the enactment of this Act [Jan. 13, 2021].”

Pub. L. 116–340, § 3(e), Jan. 13, 2021, 134 Stat. 5129, provided in part that the amendment made by section 3(e)(2) is effective five years after Jan. 13, 2021.

Section effective Mar. 1, 1977, see section 312 of Pub. L. 94–265, formerly set out as a note under section 1857 of this title.