Page:United States Statutes at Large Volume 90 Part 1.djvu/407

 PUBLIC LAW 94-265—APR. 13, 1976

9 0 STAT. 3 5 7

or such penalty imposed, as provided in section 2112 of title 28, United States Code. The findings and order of the Secretary shall be set aside by such 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) ACTION U P O N F A I L U R E TO P A Y A S S E S S M E N T. — I f any person

fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the a p p r o p r i a t e court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the A t to r n e y General of the United States, who shall recover the amount assessed in any a p p r o p r i a t e district court of the United States. I n such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. (d) COMPROMISE OR OTHER ACTION BY SECRETARY.—The Secretary

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. SEC. 309. CRIMINAL OFFENSES. (a) OFFENSES.—A person is guilty of an offense if he commits any 16 USC 1859. act prohibited by— (1) section 307(1)(D), (E), (F), or (H); or (2) section 307(2). (b) P U N I S H M E N T. — Any offense described in subsection (a)(1) is punishable by a fine of not more than $50,000, or imprisonment for not more than 6 months, or b o t h; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this Act (as provided for in section 311), or places any such officer in fear of imminent bodily injury, the offense is punishable by a fine of not more than $100,000, or imprisonment for not more than 10 years, or both. Any offense described in subsection (a)(2) is punishable by a fine of not more than $100,000, or imprisonment for not more than 1 year, or both. .. „ • '. (c) JURISDICTION.—There is Federal jurisdiction over any offense described in this section. SEC. 310. CIVIL FORFEITURES. (a) IN GENERAL.—Any fishing vessel (including its fishing gear, 16 USC 1860. furniture, appurtenances, stores, and cargo) used, and any fish taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by section 307 (other than any act for which the issuance of a citation under section 311(c) is sufficient sanction) shall be subject to forfeiture to the United States. A l l or part of such vessel may, and all such fish shall, be forfeited to the United States pursuant to a civil proceeding under this section. (b) JURISDICTION OF COURTS.—Any district cOurt of the

United

States which has jurisdiction under section 311(d) shall have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d). (c) JUDGMENT.—If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this Act or for which security has not previously been obtained under subsection (d). The provisions of the customs laws relating to — (1) the disposition of forfeited property, (2) the proceeds from the sale of forfeited property,

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