Page:United States Statutes at Large Volume 92 Part 1.djvu/1283

 PUBLIC LAW 95-455—OCT. 13, 1978

92 STAT. 122S>

United States having jurisdiction thereof." in the first sentence, and inserting in lieu thereof "for each violation."; (7) by deleting in section 7(a) the last sentence which reads 46 USC 216e. "This subsection shall be enforced by the head of the Department in which the Coast Guard is operating."; (8) by deleting in section 7 (D) the last sentence which reads "This subsection shall be enforced by the head of the Department in which the Coast Guard is operating."; i, (9) by deleting in section 7(c) the last sentence which reads v. "The provisions of this subsection shall be enforced by the Secre|, tary, who may, upon application therefor, remit or mitigate the penalty provided for herein, upon such terms as he, in his dis,; cretion, shall think proper."; (10) by adding a new section 7(d) which reads: "(d) Any person who is found by the Secretary, after notice and an Violations. opportunity for a hearing, to have violated any part of the Act or a regulation issued hereunder shall be liable to the United States for the penalties as enumerated in this Act. The amount of such civil penalty Penalties. shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. The Secretary may compiomise, modify, or remit, with or without conditions, any civil penalty which . is subject to imposition or which has been imposed under this section. If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States."; (11) by adding a new section 7(e) which reads: " (e) Any vessel subject to the provisions of this Act, which is used in violation of this Act or any regulation issued hereunder, shall be liable in rem for any civil penalty assessed pursuant to this Act and may be proceeded against in the United States district court for any district in*which such vessel may be found."; (12) by deleting in section 8(a) the words 'Svith the concur- 46 USC 216f. rence of the head of the Department in which the Coast Guard is operating, or his designee,". Approved October 13, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1526 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 25, considered and passed House. Sept. 28, considered and passed Senate.

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