written notice. In determining the amount of the 
penalty, the Secretary shall take into account the 
nature, circumstances, extent, and gravity of the 
prohibited act committed and, with respect to the vi-
olator, the degree of culpability, any history of prior 
violations, ability to pay, and such other matters as 
justice may require. 
(2) REVIEW; FAILURE TO PAY; COMPROMISE; 
SUBPOENAS.—Subsections (b) through (e) of section 
308 of the Magnuson Act (16 U.S.C. 1858(b)–(e); 
relating to review of civil penalties; acting upon fail-
ure to pay assessment, compromise, and subpoenas) 
shall apply to penalties assessed under paragraph 
(1) to the same extent and in the same manner as 
if those penalties were assessed under subsection (a) 
of such section 308. 
(c) CIVIL FORFEITURES.— 
(1) IN
GENERAL.—Any vessel (including its 
gear, equipment, appurtenances, stores, and cargo) 
used, and any fish (or the fair market value thereof) 
taken or retained, in any manner, in connection 
with, or the result of, the commission of any act that 
is unlawful under subsection (a), is subject to for-
feiture to the United States. All or part of the vessel 
may, and all such fish (or the fair market value 
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thereof) shall, be forfeited to the United States 
under a civil proceeding described in paragraph (2). 
The district courts of the United States have juris-
diction over proceedings under this subsection. 
(2) JUDGMENT; 
PROCEDURE; 
REBUTTABLE 
PRESUMPTIONS.—Subsections (c) through (e) of sec-
tion 310 of the Magnuson Act (16 U.S.C. 1860(c)– 
(e); relating to judgment, procedure, and rebuttable 
presumptions) shall apply with respect to pro-
ceedings for forfeiture commenced under this sub-
section to the same extent and in the same manner 
as if the proceeding were commenced under sub-
section (a) of such section 310. 
(d) CONSEQUENTIAL EFFECTS ON EXISTING LAW.— 
The Atlantic States Marine Fisheries Commission shall 
promptly take action to amend the Plan to take into ac-
count the prohibition established under this section on the 
commercial harvesting of Atlantic menhaden for reduction 
purposes. 
SEC. 10. ENFORCEMENT. 
A person authorized by the Secretary or the Sec-
retary of the department in which the Coast Guard is op-
erating may take any action to enforce a moratorium de-
clared under section 5(a), or to enforce the prohibition in 
section 9, that an officer authorized under section 311 of 
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the Magnuson Act (16 U.S.C. 1861) may take to enforce 
that Act. The Secretary may, by agreement, on a reim-
bursable basis or otherwise, utilize the personnel, services, 
equipment (including aircraft and vessels), and facilities 
of any other Federal department or agency and of any 
agency of a State in carrying out that enforcement. 
Æ 
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