Page:United States Statutes at Large Volume 92 Part 1.djvu/457

 PUBLIC LAW 95-326—JULY 28, 1978 "(3) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. "(4) 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. "(b)(1) A person is guilty of an offense if he commits any act prohibited by section 10(1), (3), (4), or (5). ' "(2) Any offense described in subsection paragraph (1) is punishable by a fine of not more than $50,000, or imprisonment for not more than six months, or both; except that if in the commission of any 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, 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 ten years, or both. "(c)(1) Any fishing vessel (including its fishing gear,- 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 10 shall be subject to forfeiture to the United States. All 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. " (2) Any district court of the United States shall have jurisdiction. upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under paragraph (1) and any action provided for under paragraph (4). "(3) 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— " (A) the disposition of 'forfeited property; "(B) the proceeds from the sale of forfeited property; "(C) the remission or mitigation of forfeitures; and " (D) the compromise of claims; shall apply to any forfeiture ordered, and to any case in which forfeiture is alleged to be authorized, under this section, unless such provisions are inconsistent with the purposes, policy, and provisions of this Act. The duties and powers imposed upon the Commissioner of Customs or other persons under such provisions shall, with repect to this Act, be performed by officers or other persons designated for such purpose by the Secretary of Commerce. "(4)(A) Any officer authorized to serve any process in rem which is issued by a court having jurisdiction under section 9(c) shall— " (i) stay the execution of such process; or "(ii) discharge any fish seized pursuant to such process; upon the receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be conditioned upon such person (I) delivering such property to the

92 STAT. 403

Ante, p. 4>02. Penalty,

Jurisdiction,

Ante, p. 400.

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