
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC773f]

 
                         TITLE 16--CONSERVATION
 
              CHAPTER 10--NORTHERN PACIFIC HALIBUT FISHING
 
           SUBCHAPTER IV--NORTHERN PACIFIC HALIBUT ACT OF 1982
 
Sec. 773f. Civil penalties


(a) Liability; continuing violations; notice; determination of amount

    Any person who is found by the Secretary, after notice and 
opportunity for a hearing in accordance with section 554 of title 5, to 
have committed an act prohibited by section 773e of this title shall be 
liable to the United States for a civil penalty. The amount of the civil 
penalty shall not exceed $25,000 for each violation. Each day of a 
continuing violation shall constitute a separate offense. The amount of 
such civil penalty 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 
violation, the degree of culpability, and history of prior offenses, 
ability to pay, and such other matters as justice may require.

(b) Judicial review

    Any person against whom a civil penalty is assessed under subsection 
(a) of this section may obtain review thereof in the appropriate court 
of the United States by filing a notice of appeal in such court within 
30 days from the date of such order and by simultaneously sending a copy 
of such notice by certified mail to the Secretary and the Attorney 
General. The Secretary shall promptly file in such court a certified 
copy of the record upon which such violation was found or such penalty 
imposed, in accordance with rules prescribed pursuant to section 2112 of 
title 28. The findings and order of the Secretary shall be set aside by 
such court if they are not found to be supported by substantial 
evidence, as provided in section 706(2) of title 5.

(c) Recovery of assessed penalties by Attorney General

    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.

(d) Compromise, modification, and remission of penalties

    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.

(Pub. L. 97-176, Sec. 8, May 17, 1982, 96 Stat. 80.)
