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(c) POWERS OF ENFORCEMENT OFFICERS.—(1) Any
officer who is authorized (by the Secretary, the Secretary
of Transportation, or the head of any Federal or State
agency that has entered into an agreement with such Sec-
retaries under subsection (a) to enforce the provisions of
this Act) may—
(A) with or without a warrant or other
process—
(i) arrest any person, if the officer has rea-
sonable cause to believe that such person has
committed an act prohibited by section 9(a);
(ii) board, and search or inspect, any high
seas fishing vessel;
(iii) seize any high seas fishing vessel (to-
gether with its fishing gear, furniture, appur-
tenances, stores, and cargo) used or employed
in, or with respect to which it reasonably ap-
pears that such vessel was used or employed in,
the violation of any provision of this Act or any
regulation or license issued under this Act;
(iv) seize any living marine resource (wher-
ever found) taken or retained, in any manner,
in connection with or as a result of the commis-
sion of any act prohibited by section 6; and
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(v) seize any other evidence related to any
violation of any provision of this Act or any reg-
ulation or license issued under this Act;
(B) execute any warrant or other process issued
by any court of competent jurisdiction; and
(C) exercise any other lawful authority.
(2) Subject to the direction of the Secretary, a person
charged with law enforcement responsibilities by the Sec-
retary who is performing a duty related to enforcement
of a law regarding fisheries or other marine resources may
make an arrest without a warrant for an offense against
the United States committed in his presence, or for a fel-
ony cognizable under the laws of the United States, if he
has reasonable grounds to believe that the person to be
arrested has committed or is committing a felony.
(d) ISSUANCE OF CITATIONS.—If any authorized offi-
cer finds that a fishing vessel is operating or has been
operated in violation of any provision of this Act, such offi-
cer may issue a citation to the owner or operator of such
vessel in lieu of proceeding under subsection (c). If a per-
mit has been issued pursuant to this Act for such vessel,
such officer shall note the issuance of any citation under
this subsection, including the date thereof and the reason
therefor, on the permit. The Secretary shall maintain a
record of all citations issued pursuant to this subsection.
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SEC. 8. CIVIL PENALTIES AND LICENSE SANCTIONS.
(a) CIVIL PENALTIES.—(1) Any person who is found
by the Secretary, after notice and opportunity for a hear-
ing in accordance with section 554 of title 5, United States
Code, to have committed an act prohibited by section 6
shall be liable to the United States for a civil penalty. The
amount of the civil penalty shall not exceed $100,000 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 by written no-
tice. In determining the amount of such penalty, the Sec-
retary 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, any
history of prior offenses, and such other matters as justice
may require.
(2) The Secretary may compromise, modify, or remit,
with or without conditions, any civil penalty that is subject
to imposition or that has been imposed under this section.
(b) LICENSE
SANCTIONS.—(1) In any case in
which—
(A) a vessel has been used in the commission
of an act prohibited under section 6;
(B) the owner or operator of a vessel or any
other person who has been issued or has applied for
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a license under section 4 has acted in violation of
section 6; or
(C) any amount in settlement of a civil forfeit-
ure imposed on a vessel or other property, or any
civil penalty or criminal fine imposed on a vessel or
owner or operator of a vessel or any other person
who has been issued or has applied for a license
under any fishery resource statute enforced by the
Secretary, has not been paid and is overdue, the
Secretary may—
(i) revoke any license issued with respect
to such vessel or person, with or without preju-
dice to the issuance of subsequent licenses;
(ii) suspend such license for a period of
time considered by the Secretary to be appro-
priate;
(iii) deny such license; or
(iv) impose additional conditions and re-
strictions on any license issued to or applied for
by such vessel or person under this Act.
(2) In imposing a sanction under this paragraph, the
Secretary shall take into account—
(A) the nature, circumstances, extent, and grav-
ity of the prohibited acts for which the sanction is
imposed; and
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(B) with respect to the violator, the degree of
culpability, any history of prior offenses, and such
other matters as justice may require.
(3) Transfer of ownership of a vessel, by sale or oth-
erwise, shall not extinguish any license sanction that is
in effect or is pending at the time of transfer of ownership.
Before executing the transfer of ownership of a vessel, by
sale or otherwise, the owner shall disclose in writing to
the prospective transferee the existence of any license
sanction that will be in effect or pending with respect to
the vessel at the time of the transfer. The Secretary may
waive or compromise a sanction in the case of a transfer
pursuant to court order.
(4) In the case of any license that is suspended under
this paragraph for nonpayment of a civil penalty or crimi-
nal fine, the Secretary shall reinstate the license upon pay-
ment of the penalty or fine and interest thereon at the
prevailing rate.
(5) No sanctions shall be imposed under this para-
graph unless there has been prior opportunity for a hear-
ing on the facts underlying the violation for which the
sanction is imposed, either in conjunction with a civil pen-
alty proceeding under this section or otherwise.
(c) HEARING.—For the purposes of conducting any
hearing under this section, the Secretary may issue sub-
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poenas for the attendance and testimony of witnesses and
the production of relevant papers, books, and documents,
and may administer oaths. Witnesses summoned shall be
paid the same fees and mileage that are paid to witnesses
in the courts of the United States. In case of contempt
or refusal to obey a subpoena served upon any person pur-
suant to this paragraph, the district court of the United
States for any district in which such person is found, re-
sides, or transacts business, upon application by the
United States and after notice to such person, shall have
jurisdiction to issue an order requiring such person to ap-
pear and give testimony before the Secretary or to appear
and produce documents before the Secretary, or both, and
any failure to obey such order of the court may be pun-
ished by such court as a contempt thereof.
(d) JUDICIAL REVIEW.—Any person against whom a
civil penalty is assessed under paragraph (a) or against
whose vessel a license sanction is imposed under para-
graph (b) (other than a license suspension for nonpayment
of penalty or fine) may obtain review thereof in the United
States district court for the appropriate district by filing
a complaint against the Secretary in such court within
thirty days from the date of such order. The Secretary
shall promptly file in such court a certified copy of the
record upon which such violation was found or such pen-