Page:United States Statutes at Large Volume 98 Part 3.djvu/817

 PUBLIC LAW 98-613—OCT. 31, 1984

98 STAT. 3189

(1) under subsection (a) that a coastal State has not taken the actions described in that subsection; or (2) under subsection (c) that the enforcement of the Plan by a coastal State is not satisfactory; the Secretary shall determine, within 30 days, whether that coastal State is in compliance with the Plan and, if the State is not in compliance, the Secretary shall declare a moratorium on fishing for Atlantic striped bass within the coastal waters of that coastal State. In making such a determination, the Secretary shall carefully consider and review the comments of the Commission, that coastal State in question, and the Secretary of the Interior. SEC. 5. MORATORIUM.

(a) DEFINITIONS.—For purposes of this section— (1) The term "moratorium area" means the coastal waters with respect to which a declaration under section 4(d) applies. (2) The term "moratorium period" means the period beginning on the day on which moratorium is declared under section 4(d) regarding a coastal State and ending on the day on which the Commission notifies the Secretary that that State has taken appropriate remedial action with respect to those matters that were the cause of the moratorium being declared. (b) PROHIBITED ACTS DURING MORATORIUM.—During a moratorium period, it is unlawful for any person— (1) to engage in fishing within the moratorium area; (2) to land, or attempt to land, Atlantic striped bass that are caught, taken, or harvested in violation of paragraph (1); (3) to land lawfully harvested Atlantic striped bass within the boundaries of a coastal State when a moratorium declared under section 4(d) applies to that State; or (4) to fail to return to the water Atlantic striped bass to which the moratorium applies that are caught incidental to harvesting that occurs in the course of commercial or recreational fish catching activities, regardless of the physical condition of the striped bass when caught. (c) PENALTIES AND FORFEITURES.—(1) Any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act that is unlawful under subsection (b), shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $1,000 for each violation. Each day of continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary 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 act committed and, with respect to the violator, the degree of culpability, any history of prior violations, abiHty to pay, and such other matters as justice may require. (2) Subsections (b) through (e) of section 308 of the Act of 1976 (16 U.S.C. 1858(b)-(e); relating to review of civil penalties, action upon failure to pay assessment, compromise, and subpenas) shall apply to penalties assessed under paragraph (1) to the same extent and in the same manner as if those penalties were assessed under subsection (a) of such section 308. (d) CIVIL FORFEITURES.—(1) Any vessel (including its gear, equipment, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) taken or retained, in any manner, in

16 USC 1851

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