court for the appropriate district by filing a com-
plaint against the Secretary in such court within 30 
days from the date of such order that constitutes a 
final agency action. The Secretary shall promptly 
file in such court a certified copy of the record upon 
which such violation was found or such penalty im-
posed, as provided in section 2112 of title 28, 
United States Code. 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, United 
States Code. 
(6) INJUNCTIVE RELIEF.—Upon the request of 
the Secretary, the Attorney General of the United 
States may commence a civil action for appropriate 
relief, including a permanent or temporary injunc-
tion, for any violation of this Act (including regula-
tions). 
(g) FORFEITURE.— 
(1) CRIMINAL FORFEITURE.— 
(A) IN GENERAL.—A person who is con-
victed of an offense in violation of this Act shall 
forfeit to the United States— 
(i) any property, real or personal, con-
stituting or traceable to the gross proceeds 
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taken, obtained, or retained, in connection 
with or as a result of the offense, includ-
ing, without limitation, any cultured spe-
cies (or the fair market value thereof); and 
(ii) any property, real or personal, 
used or intended to be used, in any man-
ner, to commit or facilitate the commission 
of the offense, including, without limita-
tion, any vessel (including the vessel’s 
equipment, stores, catch and cargo), vehi-
cle, aircraft, or other means of transpor-
tation. 
(B) APPLICABILITY OF CONTROLLED SUB-
STANCES ACT.—Pursuant to section 2461(c) of 
title 28, United States Code, the provisions of 
section 413 of the Controlled Substances Act 
(21 U.S.C. 853) other than subsection (d) 
thereof shall apply to criminal forfeitures under 
this section. 
(2) CIVIL FORFEITURE.— 
(A) IN GENERAL.—The property set forth 
below shall be subject to administrative or judi-
cial forfeiture to the United States in accord-
ance with the provisions of chapter 46 of title 
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18, United States Code, and no property right 
shall exist in it: 
(i) Any property, real or personal, 
constituting or traceable to the gross pro-
ceeds taken, obtained, or retained, in con-
nection with or as a result of a violation of 
this Act, including, without limitation, any 
fish (or the fair market value thereof). 
(ii) Any property, real or personal, 
used or intended to be used, in any man-
ner, to commit or facilitate the commission 
of a violation of this Act, including, with-
out limitation, any vessel (including the 
vessel’s equipment, stores, catch and 
cargo), vehicle, aircraft, or other means of 
transportation. 
(B) 
APPLICATION
OF
THE
CUSTOMS 
LAWS.—All provisions of law relating to seizure, 
summary judgment, and forfeiture and con-
demnation for violation of the customs laws, the 
disposition of the property forfeited or con-
demned or the proceeds from the sale thereof, 
the remission or mitigation of such forfeitures, 
and the compromise of claims shall apply to sei-
zures and forfeitures incurred, or alleged to 
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have been incurred, under the provisions of this 
Act, insofar as applicable and not inconsistent 
with the provisions hereof. For seizures and for-
feitures of property under this section by the 
Secretary, such duties as are imposed upon the 
customs officer or any other person with respect 
to the seizure and forfeiture of property under 
the customs law may be performed by such offi-
cers as are designated by the Secretary or, 
upon request of the Secretary, by any other 
agency that has authority to manage and dis-
pose of seized property. 
(C) PRESUMPTION.—For the purposes of 
this section there is a rebuttable presumption 
that all cultured species, or components thereof, 
found in an offshore aquaculture facility or on 
board a vessel or other conveyance that is used 
or seized in connection with a violation of this 
Act were produced, taken, obtained, trans-
ported, or retained in violation of this Act. 
(h) CRIMINAL ENFORCEMENT.— 
(1) IMPRISONMENT.—Any person (other than a 
foreign government agency, or entity wholly owned 
and controlled by a foreign government) who know-
ingly commits any act prohibited under section 407 
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shall be imprisoned for not more than 5 years or 
fined not more than $500,000 for individuals or 
$1,000,000 for an organization, or both, except that, 
if in the commission of any such offense the indi-
vidual uses a dangerous weapon, engages in conduct 
that causes bodily injury to any officer authorized to 
enforce the provisions of this Act, or places any such 
officer in fear of imminent bodily injury, the max-
imum term of imprisonment is not more than 10 
years. 
(2) FINE
AND
IMPRISONMENT.—Any person 
(other than a foreign government agency, or entity 
wholly owned and controlled by a foreign govern-
ment) who violates a provision under section 407 
and who, in the exercise of due care should know 
that such person’s conduct violates such provision, 
shall be fined under title 18, United States Code, or 
imprisoned not more than one year, or both. 
(i) JOINT ENFORCEMENT AGREEMENTS.— 
(1) IN GENERAL.—The Governor of an eligible 
State may apply to the Secretary for execution of a 
joint enforcement agreement with the Secretary that 
will authorize the deputization and funding of State 
law enforcement officers with marine law enforce-
ment responsibilities to perform duties of the Sec-
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