Penalties and enforcement

16 U.S.C. § 4224

• Title: 16 — Conservation
• Chapter: SUBCHAPTER II—MORATORIA AND PROHIBITED ACTS

Text

(a) Criminal violations
Whoever knowingly violates section 4223 of this title shall, upon conviction, be fined under title 18 or imprisoned for not more than one year, or both.
(b) Civil violations
Whoever violates section 4223 of this title may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation.
(c) Procedures for assessment of civil penalty
Proceedings for the assessment of a civil penalty under this section shall be conducted in accordance with the procedures provided for in section 1540(a) of this title.
(d) Use of penalties
Subject to appropriations, penalties collected under this section may be used by the Secretary of the Treasury to pay rewards under section 4225 of this title and, to the extent not used to pay such rewards, shall be deposited by the Secretary of the Treasury into the Fund.
(e) Enforcement
The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this subchapter in the same manner such Secretaries carry out enforcement activities under section 1540(e) of this title. Section 1540(c) of this title shall apply to actions arising under this subchapter.

History

(Pub. L. 100–478, title II, §2204, Oct. 7, 1988, 102 Stat. 2320.)

Editorial Notes

Statutory Notes and Related Subsidiaries

Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.