U.S Code last checked for updates: Nov 22, 2024
§ 773f.
Civil penalties
(a)
Liability; continuing violations; notice; determination of amount
(b)
Judicial review
(c)
Recovery of assessed penalties by Attorney Gen­eral
(d)
Compromise, modification, and remission of penalties
(e)
Revocation or suspension of permit
(1)
In general
The Secretary may take any action described in paragraph (2) in any case in which—
(A)
a vessel has been used in the commission of any act prohibited under section 773e of this title;
(B)
the owner or operator of a vessel or any other person who has been issued or has applied for a permit under this subchapter has acted in violation of section 773e of this title; or
(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.
(2)
Permit-related actions
Under the circumstances described in paragraph (1) the Secretary may—
(A)
revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits;
(B)
suspend such permit for a period of time considered by the Secretary to be appropriate;
(C)
deny such permit; or
(D)
impose additional conditions and restrictions on any permit issued to or applied for by such vessel or person under this subchapter and, with respect to any foreign fishing vessel, on the approved application of the foreign nation involved and on any permit issued under that application.
(3)
Factors to be considered
In imposing a sanction under this subsection, the Secretary shall take into account—
(A)
the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and
(B)
with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require.
(4)
Transfers of ownership
(5)
Reinstatement
(6)
Hearing
(7)
Permit defined
(Pub. L. 97–176, § 8, May 17, 1982, 96 Stat. 80; Pub. L. 109–479, title III, § 301(a), (b), Jan. 12, 2007, 120 Stat. 3621, 3622.)
cite as: 16 USC 773f