§ 1437. Enforcement

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Marine Protection, Research, and Sanctuaries Act of 1972

   Pub. L. 92–532 title III § 307 · 86 Stat. 1052

   Enacted · 16 U.S.C. § 1437

   Pub. L. 92–532, title III, § 307, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302

   Source evidence

   Code source credit
   Pub. L. 92–532, title III, § 307, as added Pub. L. 98–498, title I, § 102, Oct. 19, 1984, 98 Stat. 2302

2. 1988

   Pub. L. 100–627 title II § 207 · 102 Stat. 3213

   1. Amended · 16 U.S.C. § 1437

      Pub. L. 100–627 amended section generally

   2. Substituted · 16 U.S.C. § 1437

      Pub. L. 100–627 substituting provisions consisting of subsecs. (a) to (i) relating to enforcement activities in general, powers of authorized officers, civil penalties, forfeiture, payment of storage, care, and other costs, subpoenas, use of resources of State and other Federal agencies, Coast Guard authority, and injunctive relief for former provisions consisting of subsecs. (a) to (c) relating to enforcement activities in general, civil penalties, and jurisdiction

   Source evidence

   Code amendment note
   Pub. L. 100–627 amended section generally, substituting provisions consisting of subsecs. (a) to (i) relating to enforcement activities in general, powers of authorized officers, civil penalties, forfeiture, payment of storage, care, and other costs, subpoenas, use of resources of State and other Federal agencies, Coast Guard authority, and injunctive relief for former provisions consisting of subsecs. (a) to (c) relating to enforcement activities in general, civil penalties, and jurisdiction.

   Enacted provision · exact public law section
   SEC. 207. ENFORCEMENT AMENDMENTS. Section 307 of the Act (16 U.S.C. 1437) is amended to read as follows: “SEC. 307. ENFORCEMENT. “(a) In General.— The Secretary shall conduct such enforcement activities as are necessary and reasonable to carry out this title. “(b) Powers of Authorized Officers.— Any person who is authorized to enforce this title may— “(1) board, search, inspect, and seize any vessel suspected of being used to violate this title or any regulation or permit issued under this title and any equipment, stores, and cargo of such vessel; “(2) seize wherever found any sanctuary resource taken or retained in violation of this title or any regulation or permit issued under this title; “(3) seize any evidence of a violation of this title or of any regulation or permit issued under this title; “(4) execute any warrant or other process issued by any court of competent jurisdiction; and “(5) exercise any other lawful authority. “(c) Civil Penalties.— “(1) Civil penalty.— Any person subject to the jurisdiction of the United States who violates this title or any regulation or permit issued under this title shall be liable to the United States for a civil penalty of not more than $50,000 for each such violation, to be assessed by the Secretary. Each day of a continuing violation shall constitute a separate violation. “(2) Notice.— No penalty shall be assessed under this subsection until after the person charged has been given notice and an opportunity for a hearing. “(3) In rem jurisdiction.— A vessel used in violating this title or any regulation or permit issued under this title shall be liable in rem for any civil penalty assessed for such violation and may be proceeded against in any district court of the United States having jurisdiction. “(4) Review of civil penalty.— Any person against whom a civil penalty is assessed under this subsection may obtain review in the United States district court for the appropriate district by filing a complaint in such court not later than 30 days after the date of such order. “(5) Collection of penalties.— If any person fails to pay an assessment of a civil penalty under this section 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. “(6) Compromise or other action by secretary.— The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is or may be imposed under this section. “(d) Forfeiture.— “(1) In general.— Any vessel (including the vessel’s equipment, stores, and cargo) and other item used, and any sanctuary resource taken or retained, in any manner, in connection with or as a result of any violation of this title or of any regulation or permit issued under this title shall be subject to forfeiture to the United States pursuant to a civil proceeding under this subsection. “(2) Application of the customs laws.— The Secretary may exercise the authority of any United States official granted by any relevant customs law relating to the seizure, forfeiture, condemnation, disposition, remission, and mitigation of property in enforcing this title. “(3) Disposal of sanctuary resources.— Any sanctuary resource seized pursuant to this title may be disposed of pursuant to an order of the appropriate court, or, if perishable, in a manner prescribed by regulations promulgated by the Secretary. Any proceeds from the sale of such sanctuary resource shall for all purposes represent the sanctuary resource so disposed of in any subsequent legal proceedings. “(4) Presumption.— For the purposes of this section there is a rebuttable presumption that all sanctuary resources found on board a vessel that is used or seized in connection with a violation of this title or of any regulation or permit issued under this title were taken or retained in violation of this title or of a regulation or permit issued under this title. “(e) Payment of Storage, Care, and Other Costs.— “(1) In general.— Notwithstanding any other law, the Secretary may use amounts received under this section in the form of civil penalties, forfeitures of property, and costs imposed under paragraph (2) to pay— “(A) the reasonable and necessary costs incurred by the Secretary in providing temporary storage, care, and maintenance of any sanctuary resource or other property seized under this section pending disposition of any civil proceeding relating to any alleged violation with respect to which such property or sanctuary resource was seized; and “(B) a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this title or of any regulation or permit issued under this title. “(2) Liability for costs.— Any person assessed a civil penalty for a violation of this title or of any regulation or permit issued 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 sanctuary resource or other property seized in connection with the violation. “(f) Subpoenas.— In the case of any hearing under this section winch is determined on the record in accordance with the procedures provided for under section 554 of title 5, United States Code, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. “(g) Use or Resources or State and Other Federal Agencies.— The Secretary shall, whenever appropriate, use by agreement the personnel, services, and facilities of State and other Federal departments, agencies, and instrumentalities, on a reimbursable or nonreimbursable basis, to carry out the Secretary’s responsibilities under this section. “(h) Coast Guard Authority Not Limited.— Nothing in this section shall be considered to limit the authority of the Coast Guard to enforce this or any other Federal law under section 89 of title 14, United States Code. “(i) Injunctive Relief.— If the Secretary determines that there is an imminent risk of destruction or loss of or injury to a sanctuary resource, or that there has been actual destruction or loss of, or injury to, a sanctuary resource which may give rise to liability under section 312, the Attorney General, upon request of the Secretary, shall seek to obtain such relief as may be necessary to abate such risk or actual destruction, loss, or injury, or to restore or replace the sanctuary resource, or both. The district courts of the Courts, U.S. United States shall have jurisdiction in such a case to order such relief as the public interest and the equities of the case may require.”.

3. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2107(a)(1) · 106 Stat. 5039

   Substituted · 16 U.S.C. § 1437(c)(1)

   Pub. L. 102–587, § 2107(a)(1), substituted “$100,000” for “$50,000”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 102–587, § 2107(a)(1), substituted “$100,000” for “$50,000”.

   Enacted provision · exact public law section
   (1) Section 307(c)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(c)(1)) is amended by striking “$50,000” and inserting “$100,000”.

4. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2107(a)(2) · 106 Stat. 5039

   Struck and inserted · 16 U.S.C. § 1437(c)(3)

   Pub. L. 102–587, § 2107(a)(2), struck out “and may be proceeded against in any district court of the United States having jurisdiction” after “assessed for such violation” and inserted at end “Such penalty shall constitute a maritime lien on the vessel and may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 102–587, § 2107(a)(2), struck out “and may be proceeded against in any district court of the United States having jurisdiction” after “assessed for such violation” and inserted at end “Such penalty shall constitute a maritime lien on the vessel and may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.”

   Enacted provision · exact public law section
   (2) Section 307(c)(3) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(c)(3)) is amended— (A) by striking “and may be proceeded” and all that follows through “jurisdiction”; and (B) by adding at the end the following sentence: “Such penalty shall constitute a maritime lien on the vessel and may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.”.

5. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2107(b) · 106 Stat. 5039

   Inserted · 16 U.S.C. § 1437(d)(1)

   Pub. L. 102–587, § 2107(b), inserted at end “The proceeds from forfeiture actions under this subsection shall constitute a separate recovery in addition to any amounts recovered as civil penalties under this section or as civil damages under section 1443 of this title. None of those proceeds shall be subject to set-off.”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 102–587, § 2107(b), inserted at end “The proceeds from forfeiture actions under this subsection shall constitute a separate recovery in addition to any amounts recovered as civil penalties under this section or as civil damages under section 1443 of this title. None of those proceeds shall be subject to set-off.”

   Enacted provision · exact public law section
   (b) Proceeds From Civil Forfeitures.— Section 307(d)(1) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(d)(1)) is amended by adding at the end the following new sentence: “The proceeds from forfeiture actions under this subsection shall constitute a separate recovery in addition to any amounts recovered as civil penalties under this section or as civil damages under section 312. None of those proceeds shall be subject to set-off.”.

6. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2107(c) · 106 Stat. 5039

   1. Added · 16 U.S.C. § 1437(e)(1)

      Pub. L. 102–587, § 2107(c), added par. (1)

   2. Struck · 16 U.S.C. § 1437(e)(1)

      Pub. L. 102–587, § 2107(c), struck out former par. (1) which read as follows: “In general.—Notwithstanding any other law, the Secretary may use amounts received under this section in the form of civil penalties, forfeitures of property, and costs imposed under paragraph (2) to pay—

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 102–587, § 2107(c), added par. (1) and struck out former par. (1) which read as follows: “In general.—Notwithstanding any other law, the Secretary may use amounts received under this section in the form of civil penalties, forfeitures of property, and costs imposed under paragraph (2) to pay—

   “(A) the reasonable and necessary costs incurred by the Secretary in providing temporary storage, care, and maintenance of any sanctuary resource or other property seized under this section pending disposition of any civil proceeding relating to any alleged violation with respect to which such property or sanctuary resource was seized; and “(B) a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this chapter or of any regulation or permit issued under this chapter.”

   Enacted provision · exact public law section
   (c) Use of Received Amounts.— Section 307(e) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(e)) is amended by striking paragraph (1) and inserting the following: “(1) Expenditures.— “(A) Notwithstanding any other law, amounts received by the United States as civil penalties, forfeitures of property, and costs imposed under paragraph (2) shall be retained by the Secretary in the manner provided for in section 107(f)(1) of the Comprehensive Environmental Response, Compensation and Liability Act. “(B) Amounts received under this section for forfeitures and costs imposed under paragraph (2) shall be used to pay the reasonable and necessary costs incurred by the Secretary to provide temporary storage, care, maintenance, and disposal of any sanctuary resource or other property seized in connection with a violation of this title or any regulation or permit issued under this title. “(C) Amounts received under this section as civil penalties and any amounts remaining after the operation of subparagraph (B) shall be used, in order of priority, to— “(i) manage and improve the national marine sanctuary with respect to which the violation occurred that resulted in the penalty or forfeiture; “(ii) pay a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this title or any regulation or permit issued under this title; and “(iii) manage and improve any other national marine sanctuary”.

7. 1992

   National Marine Sanctuaries Program Amendments Act of 1992

   Pub. L. 102–587 § 2107(e) · 106 Stat. 5039

   Added · 16 U.S.C. § 1437(j)

   Pub. L. 102–587, § 2107(e), added subsec. (j)

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 102–587, § 2107(e), added subsec. (j).

   Enacted provision · exact public law section
   (e) Enforceability.— Section 307 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437) is amended by adding at the end the following new subsection: “(j) Area of Application and Enforceability.— The area of application and enforceability of this title includes the territorial sea of the United States, as described in Presidential Proclamation 5928 of December 27, 1988, which is subject to the sovereignty of the United States, and the United States exclusive economic zone, consistent with international law.”.

8. 1996

   National Marine Sanctuaries Preservation Act

   Pub. L. 104–283 § 9(c) · 110 Stat. 3363

   Changed · 16 U.S.C. § 1437(e)(1)(A)

   Pub. L. 104–283 made technical amendment to reference in original act which appears in text as reference to section 9607(f)(1) of title 42

   Source evidence

   Code amendment note
   Subsec. (e)(1)(A). Pub. L. 104–283 made technical amendment to reference in original act which appears in text as reference to section 9607(f)(1) of title 42.

   Enacted provision · exact public law section
   (c) Section 307(e)(1)(A) of the National Marine Sanctuaries Act (16 U. S. C. 1437(e)(1)(A)) is amended by inserting “of 1980” before the period at the end.

9. 2000

   Pub. L. 106–513 § 8(a) · 114 Stat. 2381

   Added · 16 U.S.C. § 1437(b)(6)

   Pub. L. 106–513, § 8(a), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 106–513, § 8(a), added par. (6).

   Enacted provision · exact public law section
   (a) Powers of Authorized Officers to Arrest.— Section 307(b) (16 U.S.C. 1437(b)) is amended by striking “and” after the semicolon at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting “; and”, and by adding at the end the following: “(6) arrest any person, if there is reasonable cause to believe that such person has committed an act prohibited by section 306(3).”.

10. 2000

    Pub. L. 106–513 § 8(b) · 114 Stat. 2381

    1. Added · 16 U.S.C. § 1437(c)(f)

       Pub. L. 106–513, § 8(b), added subsec. (c)

    2. Redesignated · 16 U.S.C. § 1437(c)(f)

       Pub. L. 106–513, § 8(b), redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g)

    Source evidence

    Code amendment note
    Subsecs. (c) to (f). Pub. L. 106–513, § 8(b), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).

    Enacted provision · exact public law section
    (b) Criminal Offenses.— Section 307 (16 U.S.C. 1437) is amended by redesignating subsections (c) through (j) in order as subsections (d) through (k), and by inserting after subsection (b) the following: “(c) Criminal Offenses.— “(1) Offenses.— A person is guilty of an offense under this subsection if the person commits any act prohibited by section 306(3). “(2) Punishment.— Any person that is guilty of an offense under this subsection— “(A) except as provided in subparagraph (B), shall be fined under title 18, United States Code, imprisoned for not more than 6 months, or both; or “(B) in the case of a person who in the commission of such an offense uses a dangerous weapon, engages in conduct that causes bodily injury to any person authorized to enforce this title or any person authorized to implement the provisions of this title, or places any such person in fear of imminent bodily injury, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both.”.

11. 2000

    Pub. L. 106–513 § 8(b) · 114 Stat. 2381

    1. Redesignated · 16 U.S.C. § 1437(g)

       Pub. L. 106–513, § 8(b), (c), redesignated subsec. (f) as (g)

    2. Redesignated · 16 U.S.C. § 1437(g)

       Pub. L. 106–513, § 8(b), (c), inserted “electronic files,” after “books,”. Former subsec. (g) redesignated (h)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 106–513, § 8(b), (c), redesignated subsec. (f) as (g) and inserted “electronic files,” after “books,”. Former subsec. (g) redesignated (h).

    Enacted provision · exact public law section
    (b) Criminal Offenses.— Section 307 (16 U.S.C. 1437) is amended by redesignating subsections (c) through (j) in order as subsections (d) through (k), and by inserting after subsection (b) the following: “(c) Criminal Offenses.— “(1) Offenses.— A person is guilty of an offense under this subsection if the person commits any act prohibited by section 306(3). “(2) Punishment.— Any person that is guilty of an offense under this subsection— “(A) except as provided in subparagraph (B), shall be fined under title 18, United States Code, imprisoned for not more than 6 months, or both; or “(B) in the case of a person who in the commission of such an offense uses a dangerous weapon, engages in conduct that causes bodily injury to any person authorized to enforce this title or any person authorized to implement the provisions of this title, or places any such person in fear of imminent bodily injury, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both.”.

12. 2000

    Pub. L. 106–513 § 8(b) · 114 Stat. 2381

    Redesignated · 16 U.S.C. § 1437(h)(k)

    Pub. L. 106–513, § 8(b), redesignated subsecs. (g) to (j) as (h) to (k), respectively

    Source evidence

    Code amendment note
    Subsecs. (h) to (k). Pub. L. 106–513, § 8(b), redesignated subsecs. (g) to (j) as (h) to (k), respectively.

    Enacted provision · exact public law section
    (b) Criminal Offenses.— Section 307 (16 U.S.C. 1437) is amended by redesignating subsections (c) through (j) in order as subsections (d) through (k), and by inserting after subsection (b) the following: “(c) Criminal Offenses.— “(1) Offenses.— A person is guilty of an offense under this subsection if the person commits any act prohibited by section 306(3). “(2) Punishment.— Any person that is guilty of an offense under this subsection— “(A) except as provided in subparagraph (B), shall be fined under title 18, United States Code, imprisoned for not more than 6 months, or both; or “(B) in the case of a person who in the commission of such an offense uses a dangerous weapon, engages in conduct that causes bodily injury to any person authorized to enforce this title or any person authorized to implement the provisions of this title, or places any such person in fear of imminent bodily injury, shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both.”.

13. 2000

    Pub. L. 106–513 § 8(c) · 114 Stat. 2381

    Added · 16 U.S.C. § 1437(l)

    Pub. L. 106–513, § 8(c), added subsec. (l)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 106–513, § 8(c), added subsec. (l).

    Enacted provision · exact public law section
    (c) Subpoenas of Electronic Files.— Subsection (g) of section 307 (16 U.S.C. 1437), as redesignated by this section, is amended by inserting “electronic files,” after “books,”.

16 of 17 references resolved to an enrolled provision · 1 partial