393 



No penalty may be assessed under this subsection 

 unless such person is given notice and opportiuilty 

 for a hearing with respect to such violation. Each 

 violation shall be a separate offense. Any such clvU 

 penalty may be remitted or mitigated by the Secre- 

 tary. Upon any failure to pay a penalty assessed 

 under this subsection, the Secretary may request the 

 Attorney General to institute a civil action in a dis- 

 trict court of the United States for any district in 

 which such person is found, resides, or transacts 

 business to collect the penalty and such court shall 

 have jurisdiction to hear and decide any such action. 

 The court shall hear such action on the record made 

 before the Secretary and shall sustain his action if It 

 Is supported by substantial evidence on the record 

 considered as a whole. 



(2) Hearings held during proceedings for the as- 

 sessment of civil penalties authorized by paragraph 

 (1) of this subsection shall be conducted in accord- 

 ance with section 554 of Title 5. The Secretary may 

 Issue subpenas for the attendance and testimony of 

 witnesses and the production of relevant papers, 

 books, and documents, and administer oaths. Wit- 

 nesses summoned shall be paid the same fees and 

 mileage that are paid to witnesses in the courts of 

 the United States. In case of contumacy or refusal to 

 obey a subpena served upon any person pursuant to 

 this paragraph, the district court of the United 

 States for any district In which such person is found 

 or resides or transacts business, upKDn application by 

 the United States and after notice to such person, 

 shall have jurisdiction to issue an order requiring 

 such person to appear and give testimony before the 

 Secretary or to appear and produce documents be- 

 fore the Secretary, or both, and any failure to obey 

 such order of the court may be punished by such 

 court as a contempt thereof. 



(b) Criminal violations. 



(1) Any person who willfully commits an act which 

 violates any provision of this chapter, of any permit 

 or certificate Issued hereunder, or of any regulation 

 issued in order to Implement subsection (a) (1) (A), 

 (B) , (C) , (D) , (E) , or (P) ; (a) (2) (A) , (B) , or (C) , 

 (c), (d) (other than a regulation relating to record- 

 keeping, or filing of reports), (f), or (g) of section 

 1538 of this title shall, upon conviction, be fined not 

 more than $20,000 or imprisoned for not more than 

 one year, or both. Any person who willfully commits 

 an act which violates any provisions of any other 

 regulation issued under this chapter shall, upon con- 

 viction, be fined not more than $10,000 or imprisoned 

 for not more than six months, or both. 



(2) The head of any Federal agency which has 

 issued a lease, license, permit, or other agreement 

 authorizing the use of Federal lands. Including graz- 

 ing of domestic livestock, to any person who is con- 

 victed of a crlmlnsil violation of this chapter or any 

 regulation, permit, or certificate Issued hereunder 

 may immediately modify, suspend, or revoke each 

 lease, license, permit, or other agreement. The Sec- 

 retary shall also suspend for a period of up to one 

 year, or cancel, any Federal hunting or fishing per- 

 mits or stamps Issued to any person who is convicted 

 of a criminal violation of any provision of this chap- 

 ter or any regulation, permit, or certificate issued 

 hereunder. The United States shall not be liable for 



the payments of any compensation, reimbursement, 

 or damages in connection with the modification, 

 suspension, or revocation of any leases, licenses, per- 

 mits, stamps, or other agreements pursuant to this 

 section. 



(c) District court jurisdiction. 



The several district courts of the United States, 

 Including the courts enumerated in section 460 of 

 Title 28, shall have Jurisdiction over any actions 

 arising under this chapter. For the purpose of this 

 chapter, American Samoa shall be included within 

 the judicial district of the District Court of the 

 United States for the District of Hawaii. 



(d) Rewards. 



Upon the recommendation of the Secretary, the 

 Secretary of the Treasury is authorized to pay an 

 amount equal to one-half of the civil penalty or fine 

 paid, but not to exceed $2,500, to any person who 

 furnishes information which leads to a finding of 

 civil violation or a conviction of a criminal volation 

 of any provsion of this chapter or any regulation or 

 permit issued thereunder. Any officer or employee of 

 the United States or of any State or local govern- 

 ment who furnishes information or renders service 

 In the performance of his official duties shall not be 

 eligible for payment under this section. 



(e) Enforcement. 



(1) The provisions of this chapter and any regu- 

 lations or permits issued pursuant thereto shall be 

 enforced by the Secretary, the Secretary of the 

 Treasury, or the Secretary of the Department In 

 which the Coast Guard is operating, or all such Sec- 

 retaries. Each such Secretary may utilize by agree- 

 ment, with or without reimbursement, the personnel, 

 services, and facilities of any other Federal agency or 

 any State agency for purposes of enforcing this 

 chapter. 



(2) The judges of the district courts of the United 

 States and the United States magistrates may, 

 within their respective jurisdictions, upon proper 

 oath or affirmation showing probable cause, issue 

 such warrants or other process as may be required 

 for enforcement of this chapter and any regulation 

 Issued thereunder. 



(3) Any person authorized by the Secretary, the 

 Secretary of the Treasury, or the Secretary of the 

 Department in which the Coast Guard is operating, 

 to enforce this chapter may detain for inspection and 

 Inspect any package, crate, or other container, in- 

 cluding Its contents, and all accompanying docu- 

 ments, upon importation or exportation. Such per- 

 son may make arrests without a warrant for any 

 violation of this Act if he has reasonable grounds 

 to believe that the person to be arrested is com- 

 mitting the violation in his presence or view, and 

 may execute and serve any arrest warrant, search 

 warrant, or other warrant or civil or criminal 



process issued by any officer or court of competent 

 jurisdiction for enforcement of this chapter. Such 

 person so authorized may search and seize, with or 

 without a warrant, as authorized by law. Any fish, 

 wildlife, property, or item so seized shall be held by 

 any person authorized by the Secretary, the Secre- 

 tary of the Treasury, or the Secretary of the Depart- 



