Page:United States Statutes at Large Volume 92 Part 2.djvu/774

 92 STAT. 2054 Regulations. 16 USC 2406. 12 UST 794. "United States citizen."

16 USC 2407.

PUBLIC LAW 95-541—OCT. 28, 1978 SEC. 7. NOTIFICATION OF TRAVEL TO ANTARCTICA. 'pj^g Secretary of State shall prescribe such regulations as may be necessary and appropriate to implement, with respect to United States citizens, paragraph 5 of Article VII of the T r e a t y pertaining to the filing of advance notifications of expeditions to, and within, Antarctica. For purposes of this section, the term "United States citizen" shall include any foreign person who organizes within the United States any expedition which will proceed to Antarctica from the United States. SEC. 8. CIVIL PENALTIES. (a) ASSESSMENT or P E N A L T I E S. — Any person who is found by the

i><

Director, after notice and opportunity for a hearing in accordance with subsection (b), to have committed any act prohibited by section 4 (a) or to have violated any regulation prescribed under section 7 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $5,000 for each violation unless the prohibited act was knowingly committed, in which case the amount of the civil penalty shall not exceed $10,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of any civil penalty shall be assessed by the Director by written notice. Any civil penalty assessed under this subsection may be remitted or mitigated by the Director. (b) HEARINGS.—Hearings for the assessment of civil penalties under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code. For the purposes of conducting any such hearing, the Director may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. I n case of contumacy or refusal to obey a subpena served upon any person pursuant to this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Director or to appear and produce documents before the Director, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (c) KEVIEW.—Upon the failure of any person against whom a civil penalty is assessed under subsection (a) to pay such penalty, the Director 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, o r transacts business to collect the penalty and sudh court shall have jurisdiction to hear and decide any such action. The court shall hear such action on the record made before the Director and shall sustain the decision of the Director if it is supported by substantial evidence on the record considered as a whole. (d) PENALTIES U N D E R OTHER L A W S. — The assessment of a civil pen-

16 USC 1361 note, 1531 note. 16 USC 710. 16 USC 2408.

alty under subsection (a) for any act shall not be deemed to preclude the assessment of a civil penalty for such act under any other law, including, b u t not limited to, the Marine Mammal Protection Act of 1972, the E n d a n g e r e d Species Act of 197S, and the Migratory B i r d T r e a t y Act. •^ SEC. 9. CRIMINAL OFFENSES. (a) OFFENSES.—A person is guilty of an offense if he willfully commits any act prohibited by section 4(a).

�