liable to the United States for a civil penalty. 
The amount of the civil penalty shall not exceed 
$37,500 for each violation. Each day of a con-
tinuing violation shall constitute a separate of-
fense. The amount of such civil penalty shall be 
assessed by the Secretary, by written notice. In 
determining the amount of such penalty, the 
Secretary shall take into account the nature, 
circumstances, extent, and gravity of the pro-
hibited acts committed and, with respect to the 
violator, the degree of culpability, any history of 
prior offenses, and such other matters as jus-
tice may require. In assessing such penalty the 
Secretary may also consider any information 
provided by the violator relating to the ability 
of the violator to pay, provided that the infor-
mation is served on the Secretary at least 30 
days prior to an administrative hearing. 
(B) COMPROMISE OR OTHER ACTION BY 
SECRETARY.—The Secretary may compromise, 
modify, or remit, with or without conditions, 
any civil administrative penalty which is or may 
be imposed under this subsection and that has 
not been referred to the Attorney General for 
further enforcement action. 
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(2) IN REM JURISDICTION.—An offshore aqua-
culture facility, associated onshore facility, vessel, or 
other conveyance (including its gear, furniture, ap-
purtenances, stores, records, and cargo) used in the 
commission of an act prohibited by section 407 shall 
be liable in rem for any civil penalty assessed for 
such violation under this section and may be pro-
ceeded against in any district court of the United 
States having jurisdiction thereof. 
(3) COLLECTION
OF
ADMINISTRATIVE
PEN-
ALTIES.—If any person fails to pay an assessment 
of a civil penalty under paragraph (1) after it has 
become a final and unappealable order, the Sec-
retary shall refer the matter to the Attorney Gen-
eral, who shall recover the amount assessed (plus in-
terest at current prevailing rates from the date of 
the final order) 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. Any person 
who fails to pay, on a timely basis, the amount of 
an assessment of a civil penalty shall be required to 
pay, in addition to such amount and interest, attor-
ney’s fees and costs for collection proceedings and a 
quarterly nonpayment penalty for each quarter dur-
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ing which such failure to pay persists. Such non-
payment penalty shall be in an amount equal to 20 
percent of the aggregate amount of such person’s 
penalties and nonpayment penalties that are unpaid 
as of the beginning of such quarter. 
(4) PERMIT SANCTIONS.— 
(A) IN
GENERAL.—With respect to any 
case in which an offshore aquaculture facility, 
associated onshore facility, vessel, or other con-
veyance was used in the commission of an act 
prohibited under section 407, the owner or op-
erator of an offshore aquaculture facility, asso-
ciated onshore facility, vessel, or other convey-
ance (or any other person who has been issued 
or has applied for a permit under this Act) has 
acted in violation of section 407, or any civil 
penalty, criminal fine, or amount in settlement 
of a civil forfeiture imposed under this Act on 
a person, offshore aquaculture facility, associ-
ated onshore facility, vessel, or other convey-
ance that has been issued or has applied for a 
permit under this Act has not been paid and is 
overdue, the Secretary may— 
(i) revoke any permit issued with re-
spect to such person, offshore aquaculture 
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facility, associated onshore facility, vessel, 
other conveyance, with or without preju-
dice to the issuance of subsequent permits; 
(ii) suspend such permit for a period 
of time considered by the Secretary to be 
appropriate; 
(iii) deny such permit; or 
(iv) impose additional conditions and 
restrictions on such permit. 
(B) CONSIDERATIONS.—In imposing a 
sanction under this paragraph, the Secretary 
shall take into account the nature, cir-
cumstances, extent, and gravity of the prohib-
ited acts for which the sanction is imposed and, 
with respect to the violator, the degree of culpa-
bility, any history of prior offenses, and such 
other matters as justice may require. 
(C) EFFECT
OF
TRANSFER
OF
OWNER-
SHIP.—Transfer of ownership of an offshore 
aquaculture facility, associated onshore facility, 
vessel, or other conveyance, by sale or other-
wise, shall not extinguish any permit sanction 
that is in effect or is pending at the time of 
transfer of ownership. Before executing the 
transfer of ownership of a facility or convey-
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ance, by sale or otherwise, the owner shall dis-
close in writing to the prospective transferee the 
existence of any permit sanction that will be in 
effect or pending with respect to the facility or 
conveyance at the time of the transfer. 
(D) PAYMENT OF PENALTY OR FINE.—In 
the case of any permit that is suspended under 
this paragraph for nonpayment of a civil pen-
alty or criminal fine, the Secretary shall rein-
state the permit upon payment of the penalty 
or fine and interest thereon at the prevailing 
rate. 
(E) HEARING.—No sanction shall be im-
posed under this paragraph unless there has 
been a prior opportunity for a hearing on the 
facts underlying the violation for which the 
sanction is imposed, either in conjunction with 
a civil penalty proceeding under this section or 
otherwise. 
(5) REVIEW OF CIVIL PENALTY.—Any person 
against whom a civil penalty is assessed under this 
subsection or against whom a permit sanction is im-
posed under this subsection (other than a permit 
suspension for nonpayment of penalty or fine) may 
obtain review thereof in the United States district 
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