1322), but excluding oily wastes from bilge 
pumping. 
(D) Cooling water from vessels or engine 
exhaust. 
(11) To interfere with the enforcement of this 
Act by— 
(A) refusing to allow any officer authorized 
to enforce this Act to board a vessel that is sub-
ject to such person’s control, other than a vessel 
operated by the Department of Defense or the 
Coast Guard, for the purposes of conducting 
any search or inspection in connection with the 
enforcement of this Act; 
(B) resisting, opposing, impeding, intimi-
dating, harassing, bribing, interfering with, or 
forcibly assaulting any person authorized by the 
Secretary to implement this Act or any such 
authorized officer in the conduct of any search 
or inspection performed under this Act; 
(C) knowingly and willfully submitting 
false information to the Secretary or any officer 
authorized to enforce this Act in connection 
with any search or inspection conducted under 
this Act; or
(D) violating any provision of this Act or 
any regulation or permit issued pursuant to this 
Act. 
(c) COMPENSATION FOR DISPLACED FISHERMEN.— 
Any person who, on the date of the enactment of this Act, 
holds a valid Federal permit that authorizes fishing in a 
NWHI or Refuge fisher and is actively engaged in fishing 
under such permit during the 1-year period preceding the 
date of the enactment of this Act shall be eligible for fish-
eries disaster relief under section 312(a) of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1861a(a)). 
(d) PERMITS.— 
(1) IN GENERAL.—The Secretary of Commerce, 
acting through the National Ocean Service, may 
issue permits only for activities in the Refuge that 
are consistent with this Act. In issuing such permits, 
the Secretary shall apply the precautionary ap-
proach, particularly in any case in which there is a 
lack of information regarding the potential impacts 
of any activity. 
(2) PERMITABLE
ACTIVITIES.—The Secretary 
may issue permits under this subsection for— 
(A) research for the purposes of assessing 
and monitoring the health of Refuge eco-
systems, which may include extraction of a 
small amount of natural resources otherwise 
prohibited by subsection (b); 
(B) Native Hawaiian subsistence practices; 
(C) sustenance fishing for pelagic and 
bottomfish species using pole and line, trolling 
and handline methods within the Refuge, except 
where specifically prohibited; 
(D) marine debris removal; and 
(E) other activities in furtherance of the 
purposes and policies of this Act. 
SEC. 8. ENFORCEMENT. 
(a) IN GENERAL.—The Secretary shall conduct such 
enforcement activities as are necessary and reasonable to 
carry out this Act. 
(b) POWERS OF AUTHORIZED OFFICERS.—Any per-
son who is authorized to enforce this act may— 
(1) board, search, inspect, and seize any vessel 
suspected of being used to violate this Act or any 
regulation or permit issued under this Act and any 
equipment, stores, and cargo of such vessel; 
(2) seize wherever found any Refuge resource 
taken or retained in violation of this Act or any reg-
ulation or permit issued under this Act;
(3) seize any evidence of a violation of this Act 
or of any regulation or permit issued under this Act; 
(4) execute any warrant or other process issued 
by any court of competent jurisdiction; 
(5) exercise any other lawful authority; and 
(6) arrest any person, if there is reasonable 
cause to believe that such person has committed an 
act prohibited by section 8(b)(11). 
(c) CRIMINAL OFFENSES.— 
(1) OFFENSES.—A person is guilty of an of-
fense under this subsection if the person commits 
any act prohibited by section 8(b)(11) of this Act. 
(2) PUNISHMENT.—Any person that is guilty of 
an offense under this subsection— 
(A) except as provided in subparagraph 
(B), shall be fined under title 18, United States 
Code, imprisoned for not more than 6 months, 
or both; or 
(B) in the case of a person who in the 
commission of such an offense uses a dangerous 
weapon, engages in conduct that causes bodily 
injury to any person authorized to enforce this 
Act or any person authorized to implement the 
provisions of this Act, or places any such per-
son in fear of imminent bodily injury, shall be
fined under title 18, United States Code, im-
prisoned for not more than 10 years, or both. 
(d) CIVIL PENALTIES.— 
(1) CIVIL PENALTY.—Any person subject to the 
jurisdiction of the United States who violates this 
Act or any regulation or permit issued under this 
Act shall be liable to the United States for a civil 
penalty of not more than $100,000 for each such 
violation, to be assessed by the Secretary. Each day 
of a continuing violation shall constitute a separate 
violation. 
(2) NOTICE.—No penalty shall be assessed 
under this subsection until after the person charged 
has been given notice and an opportunity for a hear-
ing. 
(3) IN REM JURISDICTION.—A vessel used in 
violating this Act or any regulation or permit issued 
under this Act shall be liable in rem for any civil 
penalty assessed for such violation. Such penalty 
shall constitute a maritime lien on the vessel and 
may be recovered in an action in rem in the district 
court of the United States having jurisdiction over 
the vessel. 
(4) REVIEW OF CIVIL PENALTY.—Any person 
against whom a civil penalty is assessed under this
subsection may obtain review in the United States 
district court for the appropriate district by filing a 
complaint in such court not later than 30 days after 
the date of such order. 
(5) COLLECTION OF PENALTIES.—If any per-
son fails to pay an assessment of a civil penalty 
under this section after it has become a final and 
unappealable order, or after the appropriate court 
has entered final judgment in favor of the Secretary, 
the Secretary shall refer the matter to the Attorney 
General, who shall recover the amount assessed 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. 
(6) COMPROMISE OR OTHER ACTION BY SEC-
RETARY.—The Secretary may compromise, modify, 
or remit, with or without conditions, any civil pen-
alty which is or may be imposed under this section. 
(e) FORFEITURE.— 
(1) IN
GENERAL.—Any vessel (including the 
vessel’s equipment, stores, and cargo) and other 
item used, and any Refuge resource taken or re-
tained, in any manner, in connection with or as a re-
sult of any violation of this Act or of any regulation
or permit issued under this Act shall be subject to 
forfeiture to the United States pursuant to a civil 
proceeding under this subsection. The proceeds from 
forfeiture actions under this subsection shall con-
stitute a separate recovery in addition to any 
amounts recovered as civil penalties under this sec-
tion or as civil damages under section 10. None of 
those proceeds shall be subject to setoff. 
(2) APPLICATION
OF
THE
CUSTOMS
LAWS.— 
The Secretary may exercise the authority of any 
United States official granted by any relevant cus-
toms law relating to the seizure, forfeiture, con-
demnation, disposition, remission, and mitigation of 
property in enforcing this Act. 
(3) DISPOSAL
OF
REFUGE
RESOURCES.—Any 
Refuge resource seized pursuant to this Act may be 
disposed of pursuant to an order of the appropriate 
court, or, if perishable, in a manner prescribed by 
regulations promulgated by the Secretary. Any pro-
ceeds from the sale of such Refuge resource shall for 
all purposes represent the Refuge resource so dis-
posed of in any subsequent legal proceedings. 
(4) PRESUMPTION.—For the purposes of this 
section there is a rebuttable presumption that all 
Refuge resources found on board a vessel that are
used or seized in connection with a violation of this 
Act or of any regulation or permit issued under this 
Act were taken or retained in violation of this Act 
or of a regulation or permit issued under this Act. 
(f) PAYMENT
OF STORAGE, CARE, AND OTHER 
COSTS.— 
(1) EXPENDITURES.— 
(A) RETENTION OF PENALTIES, FORFEIT-
URES, AND COSTS.—Notwithstanding any other 
law, amounts received by the United States as 
civil penalties, forfeitures of property, and costs 
imposed under paragraph (2) shall be retained 
by the Secretary in the manner provided for in 
section 107(f)(1) of the Comprehensive Envi-
ronmental Response, Compensation and Liabil-
ity Act (42 U.S.C. 9607 (f)(1)). 
(B) USE OF FORFEITURES AND COSTS.— 
Amounts received under this section for forfeit-
ures and costs imposed under paragraph (2) 
shall be used to pay the reasonable and nec-
essary costs incurred by the Secretary to pro-
vide temporary storage, care, maintenance, and 
disposal of any Refuge resource or other prop-
erty seized in connection with a violation of this
Act or any regulation or permit issued under 
this Act. 
(C) USE
OF
CIVIL
PENALTIES
AND
RE-
MAINING
AMOUNTS.—Amounts received under 
this section as civil penalties and any amounts 
remaining after the operation of subparagraph 
(B) shall be used, in order of priority, to— 
(i) manage and improve the Refuge 
with respect to which the violation oc-
curred that resulted in the penalty or for-
feiture; and 
(ii) pay a reward to any person who 
furnishes information leading to an assess-
ment of a civil penalty, or to a forfeiture 
of property, for a violation of this Act or 
any regulation or permit issued under this 
Act. 
(2) LIABILITY
FOR
COSTS.—Any person as-
sessed a civil penalty for a violation of this Act or 
of any regulation or permit issued under this Act, 
and any claimant in a forfeiture action brought for 
such a violation, shall be liable for the reasonable 
costs incurred by the Secretary in storage, care, and 
maintenance of any Refuge resource or other prop-
erty seized in connection with the violation.
(g) SUBPOENAS.—In the case of any hearing under 
this section which is determined on the record in accord-
ance with the procedures provided for under section 554 
of title 5, United States Code, the Secretary may issue 
subpoenas for the attendance and testimony of witnesses 
and the production of relevant papers, books, electronic 
files, and documents, and may administer oaths. 
(h) USE OF RESOURCES OF STATE AND OTHER FED-
ERAL AGENCIES.—The Secretary shall, whenever appro-
priate, use by agreement the personnel, services, and fa-
cilities of State and other Federal departments, agencies, 
and instrumentalities, on a reimbursable or nonreimburs-
able basis, to carry out the Secretary’s responsibilities 
under this section. 
(i) COAST GUARD AUTHORITY NOT LIMITED.—Noth-
ing in this section shall be considered to limit the authority 
of the Coast Guard to enforce this or any other Federal 
law under section 89 of title 14, United States Code. 
(j) INJUNCTIVE RELIEF.—If the Secretary deter-
mines that there is an imminent risk of destruction or loss 
of or injury to a Refuge resource, or that there has been 
actual destruction or loss of, or injury to a Refuge re-
source that may give rise to liability under section 10, the 
Attorney General, upon request of the Secretary, shall 
seek to obtain such relief as may be necessary to abate
such risk or actual destruction, loss, or injury, or to re-
store or replace the Refuge resource, or both. The district 
courts of the United States shall have jurisdiction in such 
a case to order such relief as the public interest and the 
equities of the case may require. 
(k) AREA OF APPLICATION AND ENFORCEABILITY.— 
The area of application and enforceability of this Act in-
cludes the territorial sea of the United States, as described 
in Presidential Proclamation 5928 of December 27, 1988, 
and the United States exclusive economic zone, consistent 
with international law. 
(l) NATIONWIDE SERVICE OF PROCESS.—In any ac-
tion by the United States under this Act, process may be 
served in any district where the defendant is found, re-
sides, transacts business, or has appointed an agent for 
the service of process. 
SEC. 9. DESTRUCTION OR LOSS OF, OR INJURY TO, REFUGE 
RESOURCES. 
(a) LIABILITY.— 
(1) LIABILITY TO UNITED STATES.—Any per-
son who destroys, causes the loss of, or injures any 
Refuge resource is liable to the United States for an 
amount equal to the sum of—
(A) the amount of response costs and dam-
ages resulting from the destruction, loss, or in-
jury; and 
(B) interest on that amount calculated in 
the manner described under section 1005 of the 
Oil Pollution Act of 1990 (33 U.S.C. 2705). 
(2) LIABILITY IN REM.—Any vessel used to de-
stroy, cause the loss of, or injure any Refuge re-
source shall be liable in rem to the United States for 
response costs and damages resulting from such de-
struction, loss, or injury. The amount of that liabil-
ity shall constitute a maritime lien on the vessel and 
may be recovered in an action in rem in any district 
court of the United States that has jurisdiction over 
the vessel. 
(3) DEFENSES.—A person is not liable under 
this subsection if that person establishes that— 
(A) the destruction or loss of, or injury to, 
the Refuge resource was caused solely by an act 
of God, an act of war, or an act or omission of 
a third party, and the person acted with due 
care; 
(B) the destruction, loss, or injury was 
caused by an activity authorized by Federal or 
State law; or
(C) the destruction, loss, or injury was 
negligible. 
(4) LIMITS TO LIABILITY.—Nothing in sections 
4281 through 4289 of the Revised Statutes of the 
United States or section 3 of the Act of February 
13, 1893, shall limit the liability of any person 
under this Act. 
(b) RESPONSE
ACTIONS
AND
DAMAGE
ASSESS-
MENT.— 
(1) RESPONSE ACTIONS.—The Secretary may 
undertake or authorize all necessary actions to pre-
vent or minimize the destruction or loss of, or injury 
to, Refuge resources, or to minimize the imminent 
risk of such destruction, loss, or injury. 
(2) DAMAGE
ASSESSMENT.—The Secretary 
shall assess damages to Refuge resources in accord-
ance with section 4(6). 
(c) CIVIL ACTIONS FOR RESPONSE COSTS AND DAM-
AGES.— 
(1) COMMENCEMENT.—The Attorney General, 
upon request of the Secretary, may commence a civil 
action against any person or vessel who may be lia-
ble under subsection (a) for response costs and dam-
ages. The Secretary, acting as trustee for Refuge re-
sources, shall submit a request for such an action to
the Attorney General whenever a person may be lia-
ble for such costs or damages. 
(2) VENUE.—An action under this subsection 
may be brought in the United States district court 
for any district in which— 
(A) the defendant is located, resides, or is 
doing business, in the case of an action against 
a person; 
(B) the vessel is located, in the case of an 
action against a vessel; or 
(C) the destruction of, loss of, or injury to 
a refuge resource occurred. 
(d) USE OF RECOVERED AMOUNTS.—Response costs 
and damages recovered by the Secretary under this section 
shall be retained by the Secretary in the manner provided 
for in section 107(f)(1) of the Comprehensive Environ-
mental Response, Compensation and Liability Act (42 
U.S.C. 9607 (f)(1)), and used as follows: 
(1) RESPONSE COSTS.—amounts recovered by 
the United States for costs of response actions and 
damage assessments under this section shall be 
used, as the Secretary considers appropriate— 
(A) to reimburse the Secretary or any 
other Federal or State agency that conducted 
those activities; and
(B) after reimbursement of such costs, to 
restore, replace, or acquire the equivalent of 
any refuge resource. 
(2) OTHER AMOUNTS.—All other amounts re-
covered shall be used, in order of priority— 
(A) to restore, replace, or acquire the 
equivalent of the Refuge resources that were 
the subject of the action, including for costs of 
monitoring and the costs of curation and con-
servation of archeological, historical, and cul-
tural Refuge resources; and 
(B) to restore degraded Refuge resources 
that were the subject of the action. 
(3) FEDERAL-STATE COORDINATION.—Amounts 
recovered under this section with respect to Refuge 
resources lying within the jurisdiction of the State 
shall be used under paragraph (2) in accordance 
with the court decree or settlement agreement and 
an agreement entered into by the Secretary and the 
Governor of the State. 
(e) STATUTE OF LIMITATIONS.—An action for re-
sponse costs or damages under subsection (c) shall be 
barred unless the complaint is filed within 3 years after 
the date on which the Secretary completes a damage as-
sessment and restoration plan for the Refuge resources 
to which the action relates. 
SEC. 10. REPEAL OF SUPERSEDED PROVISIONS. 
(a) NATIONAL MARINE SANCTUARIES ACT.—Section 
304(f)(3) of the National Marine Sanctuaries Act (16 
U.S.C. 1434(f)(3)) is amended by striking ‘‘documents 
for’’ and all that follows through the period and inserting 
‘‘documents for a Thunder Bay National Marine Sanc-
tuary.’’. 
(b) NATIONAL MARINE SANCTUARIES AMENDMENTS 
ACT OF 2000.—Subsection (g) of section 6 of the National 
Marine Sanctuaries Amendments Act of 2000 (Public Law 
106–513; 114 Stat 2385) is repealed. 
SEC. 11. IMPLEMENTATION. 
The Secretary shall issue any regulations necessary 
to implement this Act within 6 months after the date of 
its enactment. 
Æ