Sec. 308. Enforcement
588 words·~3 min read·
/bill/113/hr/69/rh/section-308A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The authorities and responsibilities under subsections (a), (b), and
(c)of section 311 and section 308(f) of the Magnuson-Stevens Act ( 16 U.S.C. 1861 , 1858(f)) shall apply with respect to enforcement of this title. Any person who is found by the Secretary (after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code) to have committed an act prohibited under section 307 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall be consistent with the amount under section 308(a) of the Magnuson-Stevens Act ( 16 U.S.C. 1858(a) ). The Secretary shall have the same authority as provided in section 308(e) of the Magnuson-Stevens Act ( 16 U.S.C. 1858(e) ) with respect to a violation of this Act. For purposes of this title, the conditions for in rem liability shall be consistent with section 308(d) of the Magnuson-Stevens Act ( 16 U.S.C. 1858(d) ). If any person fails to pay an assessment of a civil penalty under this title 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, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. The forfeiture provisions of section 310 of the Magnuson-Stevens Act ( 16 U.S.C. 1860 ) shall apply in cases in which a person is convicted of an offense in violation of section 309. All provisions of law relating to seizure, summary judgment, and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title, insofar as applicable and not inconsistent with the provisions hereof. For seizures and forfeitures of property under this section by the Secretary, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary or, upon request of the Secretary, by any other agency that has authority to manage and dispose of seized property. For the purposes of this section there is a rebuttable presumption that all fish, or components thereof, found on board a vessel that is used or seized in connection with a violation of this title (including any regulation promulgated under this Act) were taken, obtained, or retained as a result of IUU fishing or fishing-related activities in support of IUU fishing. Any person (other than a foreign government agency, or entity wholly owned by a foreign government) who knowingly commits an act prohibited by section 309 shall be subject to subsections
(b)and
(c)of section 309 of the Magnuson-Stevens Act ( 16 U.S.C. 1859 ). Any person assessed a civil penalty for, or convicted of, any violation of this title (including any regulation promulgated under this title) and any claimant in a forfeiture action brought for such a violation, shall be liable for the reasonable costs incurred by the Secretary in storage, care, and maintenance of any property seized in connection with the violation.
Connectionstraces to 4
Traces to 4 documents
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources