459 



country, any flsh in any form of those species sub- 

 ject to regulation pursuant to a recommendation of 

 the Commission, or any fish in any form not Under 

 regulation but under investigation by the Commis- 

 sion, during the period such fish have been denied 

 entry in accordance with the provisions of section 

 971d (c) or (d) of this title. In the case of any fish 

 as described in this subsection offered for entry in 

 the United States, the Secretary shall require proof 

 satisfactory to him that such fish is not ineligible 

 for such entry under the terms of section 971d 'c) or 

 (d> of this title. 



(e) (1) Any person who — 



CA) violates any provision of subsection Ca) of 

 this section shall be assessed a civil penalty of not 

 more than $25,000. and for any subsequent viola- 

 tion of such subsection (a) shall be assessed a civil 

 penalty of not more than $50,000; 



(Bi violates any provision of subsection (b) or 

 (c) of this section shall be assessed a civil penalty 

 of not more than $1,000. and for any subsequent 

 violation of such subsection (b) or (c) shall be 

 assessed a civil penalty of not more than $5,000: 

 or 



(C> violates any provision of subsection (d) of 

 this section shall be assessed a civil penalty of 

 not more than $100,000. 



(2> The Secretary is responsible for the assess- 

 ment of the civil penalties provided for in paragraph 

 (1). The Secretary may remit or mitigate any civil 

 penalty assessed by him under this subsection for 

 good cause shown. 



'3> No penalty shall be assessed under this sub- 

 section unless the person accused of committing any 

 violation is given notice and opportunity for a hear- 

 ing with respect to such violation. 



'4) Upon any failure of any person to pay a 

 penalty assessed under this subsection, the Secre- 

 tary may request the Attorney General to in.stitute 

 a civil action in a district 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. 



(f) All fish taken or retained in violation of sub- 

 section (a) of this section, or the monetary value 

 thereof, may be forfeited. 



Cg') All provisions of law relating to the seizure, 

 judicial forfeiture, and condemnation of a cargo for 

 violation of the customs laws, the disposition of such 

 cargo or the proceeds from the sale thereof, and 

 the remission or mitigation of such forfeitures shall 

 apply to seizures and forfeitures incurred, or al- 

 leged to have been incurred, under the provisions of 

 this chapter, insofar as such provisions of law are 

 applicable and not inconsistent with the provisions 

 of this chapter. (Pub. L. 94-70, § 7. Aug. 5. 1975. 89 

 Stat. 390.) 



§971f. Enforcement. 



(a) Any person authorized in accordance with 

 the provisions of this chapter to enforce the pro- 

 visions of this chapter and the regulations issued 

 thereunder may — 



(I) with or without a warrant, board any ves- 

 sel subject to the jurisdiction of the United States 



and inspect such vessel and its catch and, if as a 

 result of such inspection, he has reasonable cause 

 to believe that such vessel or any person on board 

 is engaging in operations in violation of this chap- 

 ter or any regulations issued thereunder, he may, 

 with or without a warrant or other process, arrest 

 such person; 



'21 arrest, with or without a warrant, any per- 

 son who violates the provisions of this chapter or 

 any regulation issued thereunder in his presence or 

 view; 



(3) execute any warrant or other process issued 

 by an officer or court of competent jurisdiction; 

 and 



(41 seize, whenever and wherever lawfully 

 found, all fish taken or retained by a vessel sub- 

 ject to the jurisdiction of the United States in 

 violation of the provisions of this chapter or any 

 regulations issued pursuant thereto. Any flsh so 

 seized may be disposed of pursuant to an order of a 

 court of competent jurisdiction, or, if perishable, 

 in a manner prescribed by regulation of the 

 Secretary. 



(bi To the extent authorized under the conven- 

 tion or by agreements between the United States and 

 any contracting party concluded pursuant to section 

 971cibi of this title for international enforcement, 

 the duly authorized officials of such party shall have 

 the authority to carry out the enforcement activi- 

 ties specified in subsection (a) of this section with 

 respect to persons or vessels subject to the jurisdic- 

 tion of the United States, and the officials of the 

 United States authorized pursuant to this section 

 shall have the authority to carry out the enforce- 

 ment activities specified in subsection (ai of this sec- 

 tion with respect to persons or vessels subject to the 

 jurisdiction of such party, except that where any 

 agreement provides for arrest or seizure of persons 

 or vessels under United States jurisdiction it shall 

 also provide that the person or vessel arrested or 

 seized shall be promptly handed over to a United 

 States enforcement officer or another authorized 

 United States official. 



(c> Notwithstanding the provisions of section 2464 

 of Title 28, when a warrant of arrest or other proc- 

 ess in rem is issued in any cause under this section, 

 the marshal or other officer shall stay the execution 

 of such process, or discharge any fish seized if the 

 process has been levied, on receiving from the claim- 

 ant of the fish a bond or stipulation for the value of 

 the property with sufficient surety to be approved 

 by a judge of the district court having jurisdiction 

 of the offense, conditioned to deliver the fish seized, 

 if condemned, without impairment in value or, in 

 the discretion of the court, to pay its equivalent 

 value in money or otherwise to answer the decree of 

 the court in such cause. Such bond or stipulation 

 shall be returned to the court and judgment thereon 

 against both the principal and sureties may be re- 

 covered in event of any breach of the conditions 

 thereof as determined by the court. In the discre- 

 tion of the accused, and subject to the direction of 

 the court, the fish may be sold for not less than its 

 reasonable market value at the time of seizure and 

 the proceeds of such sale placed in the registry of 



