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16 U.S.C. § 1376Seizure and forfeiture of cargo

submitted 54 years ago by Pub. L. 92-522 to r/title-16-CONSERVATION · 342 words · no verdicts yet

in plain englishAI-generated · not legal advice

A vessel involved in unlawfully taking a marine mammal may lose its cargo and face a civil penalty. A person whose information leads to a conviction may receive a limited reward, but government personnel may not receive it.

(a) Cargo. A United States-jurisdiction vessel or other conveyance used in any way for unlawful taking of a marine mammal has all its cargo, or the cargo’s value, subject to seizure and forfeiture. Applicable customs-law rules for seizure, judicial forfeiture, condemnation, disposition, sale proceeds, and remission or mitigation also apply when consistent with this subchapter. (b) Penalties. Such a vessel is liable for a civil penalty of up to $25,000, assessed by the district court with jurisdiction over it. The United States may withhold clearance from a port until payment or a satisfactory bond or surety is posted. The penalty is a maritime lien recoverable in an action against the vessel in that court. (c) Reward. On the Secretary’s recommendation, the Treasury Secretary may pay an informer one-half of the fine, up to $2,500, for information leading to a conviction. A Federal, State, or local government officer or employee who gives information or service as part of official duties is not eligible.
the actual law source: uscode.house.gov ↗public domain
(a) Application of consistent provisions

Any vessel or other conveyance subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall have its entire cargo or the monetary value thereof subject to seizure and forfeiture. All provisions of law relating to the seizure, judicial forfeiture, and condemnation of cargo for violation of the customs laws, the disposition of such cargo, and the proceeds from the sale thereof, and the remission or mitigation of any such forfeiture, shall apply with respect to the cargo of any vessel or other conveyance seized in connection with the unlawful taking of a marine mammal insofar as such provisions of law are applicable and not inconsistent with the provisions of this subchapter.

(b) Penalties

Any vessel subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall be liable for a civil penalty of not more than $25,000. Such penalty shall be assessed by the district court of the United States having jurisdiction over the vessel. Clearance of a vessel against which a penalty has been assessed, from a port of the United States, may be withheld until such penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a maritime lien on such vessel which may be recovered by action in rem in the district court of the United States having jurisdiction over the vessel.

(c) Reward for information leading to conviction

Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the fine incurred but not to exceed $2,500 to any person who furnishes information which leads to a conviction for a violation of this subchapter. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this section.

Source credit: (Pub. L. 92–522, title I, § 106, Oct. 21, 1972, 86 Stat. 1036.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-522 · 86 Stat. 1036

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-522 on 1972-10-21.

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