§ 973f. Civil penalties

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. 1988

   South Pacific Tuna Act of 1988

   Pub. L. 100–330 § 8 · 102 Stat. 591

   Enacted · 16 U.S.C. § 973f

   Pub. L. 100–330, § 8, June 7, 1988, 102 Stat. 594

   Source evidence

   Code source credit
   Pub. L. 100–330, § 8, June 7, 1988, 102 Stat. 594

   Enacted provision · exact public law section
   SEC. 8. CIVIL PENALTIES. (a) Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 5 of this Act, shall be liable to the United States Code for a civil penalty. Before issuing a notice of violation, the Secretary shall consult with the Secretary of State. The amount of the civil penalty shall be determined in accordance with considerations set forth in the Treaty and shall take into account the nature, circumstances, extent, any gravity of the prohibited acts committed, and with respect to the violator, the degree of culpability, any history or prior offenses, ability to pay, and such other matters as justice may require. Except for those acts prohibited by section 5(a) (4), (5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2), (3), and (7) of this Act, the amount of the civil penalty shall not exceed $250,000 for each violation. Upon written notice, the Secretary of State shall have the right to participate in any proceeding initiated to assess a civil penalty for violation of this Act. (b) Any person against whom a civil penalty is assessed under subsection (a) of tins section may obtain review thereof in the United States district court for the appropriate district by filing a complaint in such court within 30 days from the date of the order and by simultaneously serving a copy of the complaint by certified mail on the Secretary, the Attorney General of the UnitedStates, and the appropriate United States Attorney. The Secretary shall Courts, U.S. Records. promptly file in the court a certified copy of the record upon which the violation was found or the penalty imposed. The findings and order of the Secretary shall be set aside or modified by the court if they are not found to be supported by substantial evidence, as provided in section 706(2) of title 5, United States Code. (c) Except as provided in subsection (g) of this section, if any Courts, U.S. person fails to pay an assessment of a civil penalty 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 of the United States, who shall recover the amount assessed in any appropriate district court of the United States. (d) Except as provided in subsection (g) of this section, a fishing Courts, U.S. vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by section 5 of this Act shall be liable in rem for any civil penalty assessed for the violation under section 8 of this Act and may be proceeded against in any district court of the United States having jurisdiction thereof. The penalty shall constitute a maritime lien on the vessel which may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel. (e) The Secretary, after consultation with the Secretary of State, 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. (f) For the purposes of conducting any hearing under this section, 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. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a Courts, U.S. subpoena served upon a person pursuant to this subsection, the district court of the United States for any district in which the person is found, resides, or transacts business, upon application by the United States and after notice to the person, shall have jurisdiction to issue an order requiring the person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey the order of the court may be punished by the court as a contempt thereof. (g) If a vessel used in a violation of section 5(a) (1), (2), (3), (4), (5), (6), (7), (8), (9), or (13) or section 5(b) of this Act for which a civil penalty has been assessed— (1) had a valid license under the Treasury at the time of the violation, and (2) within 60 days after the penalty assessment has become final, leaves and remains outside of the Licensing Area, all Limited Areas closed to fishing, and all Closed Areas until the final penalty has been paid, there shall be no referral to the Attorney General under subsection (c) of this section or in rem action under subsection (d) of this section in connection with such civil penalty.

2. 1988

   Pub. L. 100–350 § 4(1) · 102 Stat. 660

   1. Substituted · 16 U.S.C. § 973f(a)

      Pub. L. 100–350, § 4(1), substituted “and gravity” for “any gravity”

   2. Substituted · 16 U.S.C. § 973f(a)

      Pub. L. 100–350, § 4(1), substituted “history of prior” for “history or prior”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–350, § 4(1), substituted “and gravity” for “any gravity” and “history of prior” for “history or prior”.

   Enacted provision · exact public law section
   (1) in section 8(a)— (A) by striking “any gravity” and inserting in lieu thereof “and gravity”; and (B) by striking “history or prior” and inserting in lieu thereof “history of prior”;

3. 1988

   Pub. L. 100–350 § 4(2) · 102 Stat. 660

   Substituted · 16 U.S.C. § 973f(g)(1)

   Pub. L. 100–350, § 4(2), substituted “Treaty” for “Treasury”

   Source evidence

   Code amendment note
   Subsec. (g)(1). Pub. L. 100–350, § 4(2), substituted “Treaty” for “Treasury”.

   Enacted provision · exact public law section
   (2) in section 8(g)(1), by striking “Treasury” and inserting in lieu thereof “Treaty”; and

4. 2025

   Pub. L. 119–60 § 8416(a) · 139 Stat. 1915

   1. Struck · 16 U.S.C. § 973f(a)

      Pub. L. 119–60, § 8416(a), struck out “Code” after “liable to the United States” in first sentence

   2. Substituted · 16 U.S.C. § 973f(a)

      Pub. L. 119–60, § 8416(a), substituted “The amount” for “Except for those acts prohibited by section 973c(a)(4), (5), (7), (8), (10), (11), and (12), and section 973c(b)(1), (2), (3), and (7) of this title, the amount” in fourth sentence

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 119–60, § 8416(a), struck out “Code” after “liable to the United States” in first sentence and substituted “The amount” for “Except for those acts prohibited by section 973c(a)(4), (5), (7), (8), (10), (11), and (12), and section 973c(b)(1), (2), (3), and (7) of this title, the amount” in fourth sentence.

5. 2025

   Pub. L. 119–60 § 8416(b)(1) · 139 Stat. 1915

   Substituted · 16 U.S.C. § 973f(g)

   Pub. L. 119–60, § 8416(b)(1), substituted “paragraph (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 973c(a)” for “section 973c(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (13)” in introductory provisions

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 119–60, § 8416(b)(1), substituted “paragraph (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 973c(a)” for “section 973c(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (13)” in introductory provisions.

6. 2025

   Pub. L. 119–60 § 8416(b)(2) · 139 Stat. 1915

   Struck · 16 U.S.C. § 973f(g)(2)

   Pub. L. 119–60, § 8416(b)(2), struck out “, all Limited Areas closed to fishing,” after “outside of the Licensing Area”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 119–60, § 8416(b)(2), struck out “, all Limited Areas closed to fishing,” after “outside of the Licensing Area”.

4 of 8 references resolved to an enrolled provision · 4 unresolved