499 



ness, or in the United States District Court for the 

 District of Columbia, within sixty days after the date 

 on which such permit is issued or denied. 



(e) Modification, suspension, and revocation. 



( 1 ) The Secretary may modify, suspend, or revoke 

 in whole or in part any permit issued by him under 

 this section — 



'( A ) in order to make any such ijermit consistent 

 with any change made after the date of issuance 

 of such permit with respect to any applicable regu- 

 lation prescribed under section 1373 of this title, or 



(B) in any case in which a violation of the terms 

 and conditions of the permit is found. 



(2) Whenever the Secretary shall propose any 

 modification, suspension, or revocation of a permit 

 under this subsection, the permittee shall be afforded 

 opportunity, after due notice, for a hearing by the 

 Secretary with respect to such proposed modifica- 

 tion, suspension, or revocation. Such proposed action 

 by the Secretary shall not take effect until a decision 

 is issued by him after such hearing. Any action taken 

 by the Secretary after such a hearing is subject to 

 judicial review on the same basis as is any action 

 taken by him with respect to a permit application 

 under paragraph (5) of subsection (d) of this section. 



(3) Notice of the modification, suspension, or revo- 

 cation of any permit by the Secretary shall be pub- 

 lished in the Federal Register within ten days from 

 the date of the Secretary's decision. 



(f) Possession of permit by issuee or his agent. 



Any permit issued under this section must be in 

 the possession of the person to whom it is issued 

 <or an agent of such person) during — 



(1) the time of the authorized or taking im- 

 portation ; 



(2) the period of any transit of such person or 

 agent which is incident to such taking or im- 

 portation; and 



(3) any other time while any marine mammal 

 taken or imported under a such permit is in the 

 possession of such person or agent. 



A duplicate copy of the issued permit must be phys- 

 ically attached to the container, package, enclosure, 

 or other means of containment, in which the marine 

 mammal is placed for purposes of storage, transit, 

 supervision, or care. 



(g) Fees. 



The Secretary shall establish and charge a rea- 

 sonable fee for permits issued under this section. 



(h) General permits. 



Consistent with the regulations prescribed pursu- 

 ant to section 1373 of this title and to the require- 

 ments of section 1371 of this title, the Secretary may 

 issued general permits for the taking of such marine 

 mammals, together with regulations to cover the 

 use of such general permits. (Pub. L. 92-522, title I, 

 § 104, Oct. 21, 1972, 86 Stat. 1034.) 



§1375. Penalties. 



(a) Any person who violates any provision of this 

 subchapter or of any permit or regulation issued 

 thereunder may be assessed a civil penalty by the 

 Secretary of not more than $10,000 for each such 



violation. No penalty shall be assessed unless such 

 person is given notice and opportunity for a hearing 

 with respect to such violation. Each unlawful tak- 

 ing or importation shall be a separate offense. Any 

 such civil penalty may be remitted or mitigated by 

 the Secretary for good cause shown. Upon any fail- 

 ure to pay a penalty assessed under this subsection, 

 the Secretary may request the Attorney General to 

 institute 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. 



(b) Any person who knowingly violates any pro- 

 vision of this subchapter or of any permit or regu- 

 lation issued thereunder shall, upon conviction, be 

 fined not more than $20,000 for each such viola- 

 tion, or imprisoned for not more than one year, or 

 both. (Pub. L. 92-522, title I. § 105. Oct. 21, 1972. 

 86 Stat. 1036.) 



§1376. .Seizure and forfeiture of cargo; penalties; re- 

 ward for information leading to conviction. 



(a) Any vessel or other conveyance subject to the 

 jurisdiction of the United States that is employed 

 in any manner in the unlawful taking of any marine 

 mammal shall have its entire cargo or the monetary 

 value thereof subject to seizure and forfeiture. All 

 provisions of law relating to the seizure, judicial for- 

 feiture, and condemnation of cargo for violation of 

 the customs laws, the disposition of such cargo, and 

 the proceeds from the sale thereof, and the remission 

 or mitigation of any such forfeiture, shall apply 

 with respect to the cargo of any vessel or other con- 

 veyance seized in connection with the unlawful 

 taking of a marine mammal insofar as such provi- 

 sions of law are applicable and not inconsistent 

 with the provisions of this subchapter. 



(b) Any vessel subject to the jurisdiction of the 

 United States that is employed in any manner in the 

 unlawful taking of any marine mammal shall be 

 liable for a civil penalty of not more than $25,000. 

 Such penalty shall be assessed by the district court 

 of the United States having jurisdiction over the 

 vessel. Clearance of a vessel against which a penalty 

 has been assessed, from a port of the United States, 

 may be withheld until such penalty is paid, or until 

 a bond or otherwise satisfactory surety is posted. 

 Such penalty shall constitute a maritime lien on 

 such vessel which may be recovered by action in 

 rem in the district court of the United States hav- 

 ing jurisdiction over the vessel. 



(c) Upon the recommendation of the Secretary, 

 the Secretary of the Treasury is authorized to pay 

 an amount equal to one-half of the fine incurred but 

 not to exceed $2,500 to any person who furnishes 

 information which leads to a conviction for a viola- 

 tion of this subchapter. 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. (Pub. L. 92- 

 522, title I, § 106, Oct. 21, 1972, 86 Stat. 1036.) 



