482 



ing a copy of such notice by certified mail to the 

 Secretary. The Secretary shall promptly file in such 

 court a certified copy of the record upon which 

 such violation was found or such penalty imposed, 

 as provided in section 2112 of title 28, United States 

 Code. The findings and order of the Secretary shall 

 be set aside by such court if tliey are not found to 

 be supported by substantial evidence, as provided in 

 section 706(2) of title 5, United States Code. 



(c) Action Upon Failure To Pay Assessment. — 

 If any person fails to pay an assessment of a civil 

 penalty after it has become a final and unappeal- 

 able order, or after the appropria(;e court has en- 

 tered final judgment in favor of the Secretary, the 

 Secretary shall refer the matter to the Attorney 

 General of the United States, 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 im- 

 posing the civil penalty shall not be subject to 

 review. 



(d) Compromise or Other Action by Secre- 

 tary. — The Secretary may compromise, modify, or 

 remit, with or without conditions, any civil penalty 

 which is subject to imposition or which has been 

 imposed under this section. 



SEC. 309. criminal OFFENSES. 



(a) Offenses. — A person is guilty of an offense if 

 he commits any act prohibited by — 



(1) section 307(1) (D), (E), (F), or (H) ; or 



(2) section 307(2). 



(b) Punishment. — Any offense described in sub- 

 section (a) (1) is punishable by a fine of not more 

 than $50,000, or imprisonment for not more than 

 6 months, or both; except that if in the commission 

 of any such offense the person uses 'a dangerous 

 weapon, engages in conduct that causes bodily in- 

 jury to any officer authorized to enforce the pro- 

 visions of this Act (as provided for in section 311) , 

 or places any such officer in fear of imminent bodily 

 injury, the offense is punishable by a fine of not 

 more than $100,000, or imprisonment for not more 

 than 10 years, or both. Any offense described in 

 subsection (a) (2) is punishable by a fine of not 

 more than $100,000, or imprisonment for not more 

 than 1 year, or both. 



(c) Jurisdiction. — There is Federal jurisdiction 

 over any offense described in this section. 



SEC 310. civil forfeitures. 



(a) In General. — Any fishing vessel (including 

 its fishing gear, furniture, appurtenances, stores, 

 and cargo) used, and any fish taken or retained, 

 in any manner, in connection with or as a result 

 of the commission of any act prohibited by section 

 307 (other than any act for which the issuance of a 

 citation under section 311(c) is sufficient sanction) 

 shall be subject to forfeiture to the United States. 

 All or part of such vessel may, and all such fish 

 shall, be forfeited to the United States pursuant to 

 a civil proceeding under this section. 



(b) Jurisdiction of Courts. — Any district court 

 of the United States which has jurisdiction under 

 section 311(d) shall have jurisdiction, upon appli- 



cation by the Attorney General on behalf of the 

 United States, to order any forfeiture authorized 

 under subsection (a) and any action provided for 

 under subsection (d). 



(c) Judgment. — If a judgment is entered for the 

 United States in a civil forfeiture proceeding under 

 this section, the Attorney General may seize any 

 property or other interest declared forfeited to the 

 United States, which has not previously been seized 

 pursuant to this Act or for which security has not 

 previously been obtained under subsection (d) . The 

 provisions of the customs laws relating to — 



(1) the disposition of forfeited property, 



(2) the proceeds from the sale of forfeited 

 property, 



(3) the remission or mitigation of forfeitures, 

 and 



(4) the compromise of claims, 



shall apply to any forfeiture ordered, and to any 

 case in which forfeiture is alleged to be authorized, 

 under this section, unless such provisions are in- 

 consistent with the purposes, policy, and provisions 

 of this Act. The duties and powers imposed upon 

 the Commissioner of Customers or other persons 

 under such provisions shall, with respect to this 

 Act, be performed by officers or other persons des- 

 ignated for such purpose by the Secretary. 



(d) Procedure. — (1) Any officer authorized to 

 serve any process in rem which is issued by a court 

 having jurisdiction under section 311 (d) shall — 



(A) stay the execution of such process; or 



(B) discharge any fish seized pursuant to such 

 process ; 



upon the receipt of a satisfactory bond or other 

 security from any person claiming such property. 

 Such bond or other security shall be conditioned 

 upon such person (i) delivering such property to 

 the appropriate court upon order thereof, without 

 impairment of its value, or (ii) paying the mone- 

 tary value of such property pursuant to an order 

 of such court. Judgment shall be recoverable on 

 such bond or other security against both the prin- 

 cipal and any sureties in the event that any condi- 

 tion thereof is breached, as determined by such 

 court. 



(2) Any fish seized pursuant to this Act may 

 be sold, subject to the approval and direction of 

 the appropriate court, for not les than the fair 

 market value thereof. The proceeds of any such 

 sale shall be deposited with such court pending the 

 disposition of the matter involved. 



(e) Rebuttable Presumption. — For purposes of 

 this section, it shall be a rebuttable presumption 

 that all fish found on board a fishing vessel which 

 is seized in connection with an act prohibited by 

 section 307 were taken or retained in violation of 

 this Act. 



SEC 311. enforcement. 



(a) Responsibility. — The provisions of this Act 

 shall be enforced by the Secretary and the Secre- 

 tary of the department in which the Coast Guard 

 is operating. Such Secretaries may, by agreement, 

 on a reimbursable basis or otherwise, utilize the 

 personnel, services, equipment (including aircraft 



