View all text of Subchapter IV [§ 1851 - § 1870]
§ 1858. Civil penalties and permit sanctions
(a) Assessment of penalty
(b) Review of civil penalty
(c) Action upon failure to pay assessment
(d) In rem jurisdiction
(e) Compromise or other action by Secretary
(f) Subpenas
(g) Permit sanctions
(1) In any case in which (A) a vessel has been used in the commission of an act prohibited under section 1857 of this title, (B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under this chapter has acted in violation of section 1857 of this title, (C) any amount in settlement of a civil forfeiture imposed on a vessel or other property, or any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any marine resource law enforced by the Secretary has not been paid and is overdue, or (D) any payment required for observer services provided to or contracted by an owner or operator who has been issued a permit or applied for a permit under any marine resource law administered by the Secretary has not been paid and is overdue, the Secretary may—
(i) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits;
(ii) suspend such permit for a period of time considered by the Secretary to be appropriate;
(iii) deny such permit; or
(iv) impose additional conditions and restrictions on any permit issued to or applied for by such vessel or person under this chapter and, with respect to foreign fishing vessels, on the approved application of the foreign nation involved and on any permit issued under that application.
(2) In imposing a sanction under this subsection, the Secretary shall take into account—
(A) the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and
(B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require.
(3) Transfer of ownership of a vessel, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the vessel at the time of the transfer.
(4) In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty or criminal fine, the Secretary shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate.
(5) No sanctions shall be imposed under this subsection unless there has been a prior opportunity for a hearing on the facts underlying the violation for which the sanction is imposed, either in conjunction with a civil penalty proceeding under this section or otherwise.
(Pub. L. 94–265, title III, § 308, Apr. 13, 1976, 90 Stat. 356; Pub. L. 97–453, § 10, Jan. 12, 1983, 96 Stat. 2491; Pub. L. 99–659, title I, § 108, Nov. 14, 1986, 100 Stat. 3713; Pub. L. 101–627, title I, § 114(a), Nov. 28, 1990, 104 Stat. 4454; Pub. L. 104–297, title I, § 114(a)–(c), Oct. 11, 1996, 110 Stat. 3598, 3599; Pub. L. 116–340, § 3(b), (e)(2), Jan. 13, 2021, 134 Stat. 5129.)