Page:United States Statutes at Large Volume 102 Part 4.djvu/249

 PUBLIC LAW 100-627—NOV. 7, 1988

102 STAT. 3219

(4) SANTA MONICA BAY.—The portion of the marine environ- California. ment off the coast of California commonly referred to as Santa Monica Bay, consisting of an area described generally as follows: B^inning at the point known as Point Dume near the western extent of Santa Monica Bay, proceed generally southeast along the shoreline to the point known as Point Vincente near the southern extent of Santa Monica Bay; then west to the 900 meter bathymetric contour; then generally northwest along the 900 meter bathymetric contour to a point due west of Point Dume; then east to Point Dume at the point of beginning. (d) DEFINITION OF MARINE ENVIRONMENT.—For the purposes of this section, the term "marine environment" has the meaning such term has in section 302(3) of the Act (16 U.S.C. 1432(b)). SEC 207. ENFORCEMENT AMENDMENTS.

Section 307 of the Act (16 U.S.C. 1437) is amended to read as follows: "SEa 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 r^ulation 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 r^ulation or permit issued under this title; "(3) seize any evidence of a violation of this title or of any r^ulation 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) OvTL PENALTIES.— "(1) CIVIL PENALTY.—Any person subject to the jurisdiction of

the United States who violates this title or any r^ulation or ennit issued under this title shall be liable to the United tates for a civil penalty of not more than $50,000 for each such violation, to be assessed by the Secretary. Eiach 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 r^ulation 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.

S

(5) COLLECTION OF PENALTIES.—If any person fails to pay an

assessment of a civil penalty under this section after it has

�