Page:United States Statutes at Large Volume 86.djvu/1078

 1036 P u b l i c a t i o n in Federal Register.

Fee General permits.

PUBLIC LAW 92-522-OCT. 21, 1972

[86

STAT.

application under paragraph (5) of subsection (d) of this section. (3) Notice of the modification, suspension, or revocation of any permit by the Secretary shall be published in the Federal Kegister within ten days from the date of the Secretary's decision. (f) 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 importation; (2) the period of any transit of such person or agent which is incident to such taking or importation; and (3) any other time while any marine mammal taken or imported under such permit is in the possession of such person or agent. A duplicate copy of the issued permit must be physically 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) The Secretary shall establish and charge a reasonable fee for permits issued under this section. (h) Consistent with the regulations prescribed pursuant to section 103 of this title and to the requirements of section 101 of this title, the Secretary may issue general permits for the taking of such marine mammals, together with regulations to cover the use of such general permits, • > H

V

PENALTIES

SEC. 105. (a) Any person who violates any provision of this title 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 Notice; hearing, violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. Each unlawful taking or importation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary for v^ft'l-. good cause shown. Upon any failure 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 Vr../?c collect the penalty and such court shall have jurisdiction to hear and decide any such action. (b) Any person who knowingly violates any provision of this title or of any permit or regulation issued thereunder shall, upon conviction, be fined not more than $20,000 for each such violation, or _,.,, imprisoned for not more than one year, or both. VESSEL F I N E, CARGO FOR F E I T U R E, A N D REWARDS

SEC. 106. (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 haA^e its entire cargo or the monetary value thereof subject to seizure and forfeiture. All provisions of law relating to the seizure, judicial forfeiture, and condemnation of cargo for violation of the customs laws, the disposition of such cargo, and the proceeds from the sale thereof, and the remiFsion or mitigation of any such forfeiture, shall apply with respect to the cargo of any vessel or other conveyance seized in connection with the unlawful taking of a marine mammal insofar as such provisions of law are applicable and not inconsistent with the provisions of this title.

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