
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC2407]

 
                         TITLE 16--CONSERVATION
 
                   CHAPTER 44--ANTARCTIC CONSERVATION
 
Sec. 2407. Civil penalties


(a) Assessment of penalties

    Any person who is found by the Director, after notice and 
opportunity for a hearing in accordance with subsection (b) of this 
section, to have committed any act prohibited by section 2403(a) of this 
title or to have violated any regulation prescribed under section 2406 
of this title 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. 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. In 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) Review

    Upon the failure of any person against whom a civil penalty is 
assessed under subsection (a) of this section 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, or transacts business to collect the penalty 
and such 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 under other laws

    The assessment of a civil penalty under subsection (a) of this 
section for any act shall not be deemed to preclude the assessment of a 
civil penalty for such act under any other law, including, but not 
limited to, the Marine Mammal Protection Act of 1972 [16 U.S.C. 1361 et 
seq.], the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], and 
the Migratory Bird Treaty Act [16 U.S.C. 703 et seq.].

(Pub. L. 95-541, Sec. 8, Oct. 28, 1978, 92 Stat. 2054.)

                       References in Text

    The Marine Mammal Protection Act of 1972, referred to in subsec. 
(d), is Pub. L. 92-522, Oct. 21, 1972, 86 Stat. 1027, as amended, which 
is classified generally to chapter 31 (Sec. 1361 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1361 of this title and Tables.
    The Endangered Species Act of 1973, referred to in subsec. (d), is 
Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is 
classified generally to chapter 35 (Sec. 1531 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1531 of this title and Tables.
    The Migratory Bird Treaty Act, referred to in subsec. (d), is act 
July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified 
generally to subchapter II (Sec. 703 et seq.) of chapter 7 of this 
title. For complete classification of this Act to the Code, see section 
710 of this title and Tables.
