16

1 (g) No permit shall be issued pursuant to this section 2 for the taking of any marine mammal during the sixty-day

3 period commencing on the effective date of the initial limita

4

tions prescribed pursuant to section 102 with respect to the 5 species or population stock concerned.

6

(h) The Secretary shall establish and charge a reason

7 able fee for permits issued under this section.

8

9

10

(i) Consistent with the limitations prescribed pursuant

to section 102 and to the requirements of this section, the Secretary may issue general permits for the taking of marine 11 mammals, together with regulations to cover the use of

14

15

16

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SEC. 104. (a) Any person who violates any provision

of this title or of any permit or regulation issued thereunder

may be assessed a civil penalty by the Secretary of not more 17 than $10,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity 19 for a hearing with respect to such violation. Each violation 20 shall be a separate offense. Any such civil penalty may be 21 remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this 23 subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United 25 States for any district in which such person is found, resides,

24

17

1 or transacts business to collect the penalty and such court

2 shall have jurisdiction to hear and decide any such action.

3

(b) Any person who knowingly violates any provision 4 of this title or of any permit or regulation issued thereunder 5 shall, upon conviction, be fined not more than $20,000, or 6 imprisoned for not more than one year, or both. The Secre7 tary of the Treasury shall pay to any person who furnishes 8 information which leads to a conviction for violation of this 9 subsection an amount equal to one-half of the fine incurred, 10 but not to exceed $2,500 for each violation.

11

12

VESSEL FORFEITURE

SEC. 105. Any vessel or other conveyance subject to the 13 jurisdiction of the United States that is employed in any 14 manner in the unlawful taking of any marine mammal shall 15 be subject to seizure and forfeiture. All provisions of law 16 relating to the seizure, judicial forfeiture, and condemnation 17 of a vessel for violation of the customs laws, the disposition 18 of such vessel, and the proceeds from the sale thereof, and the

19

remission or mitigation of any such forfeiture, shall apply

20 with respect to any vessel or other conveyance seized in con21 nection with the unlawful taking of a marine mammal inso22 far as such provisions of law are applicable and not incon23 sistent with the provisions of this title. For the purposes of 24 this section, the term "vessel" includes its tackle, apparel, 25 furniture, appurtenances, cargo, and stores.

1

2

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ENFORCEMENT

SEC. 106. (a) Except as otherwise provided in this title, 3 the Secretary shall enforce the provisions of this title. The 4 Secretary may utilize, by agreement, the personnel, services, 5 and facilities of any other Federal agency for purposes of 6 enforcing this title.

7 (b) The Secretary may also designate officers and em8 ployees of any State or of any possession of the United States 9 to enforce the provisions of this title. When so designated, 10 such officers and employees are authorized to function as 11 Federal law enforcement agents for these purposes, but they 12 shall not be held and considered as employees of the United 13 States for the purposes of any laws administered by the 14 Civil Service Commission.

15

(c) The judges of the United States district courts and 16 the United States magistrates may, within their respective 17 jurisdictions, upon proper oath or affirmation, showing prob18 able cause, issue such warrants or other process, including 19 warrants or other process issued in admiralty proceedings in 20 United States district courts, as may be required for enforce

21

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ment of this title and any regulations issued thereunder.

(d) Any person authorized by the Secretary to enforce 23 this title may execute any warrant or process issued by any 24 officer or court of competent jurisdiction for the enforcement

19

1 of this title. Such person so authorized may, in addition

2 to any other authority conferred by law—

(1) with or without warrant or other process, arrest any person committing in his presence or view a violation of this title or the regulations issued thereunder;

(2) with a warrant or other process or without a warrant, if he has reasonable cause to believe that a vessel or other conveyance subject to the jurisdiction of the United States or any person on board is in violation of any provision of this title or the regulations issued thereunder, to search such vessel or conveyance and to

arrest such person;

(3) seize any vessel or other conveyance subject to the jurisdiction of the United States, together with its tackle, apparel, furniture, appurtenances, cargo, and stores, used or employed contrary to the provisions of this title or the regulations issued hereunder or which reasonably appears to have been so used or employed;

and

(4) seize, whenever and wherever found, all marine mammals and marine mammal products taken or retained

in violation of this title or the regulations issued there

under and shall dispose of them in accordance with

regulations prescribed by the Secretary.

20

1 (e) (1) Whenever any marine mammal or marine mam2 mal product is seized pursuant to this section, the Secretary 3 shall expedite any proceedings commenced under section 104 (a) or (b). All marine mammals or marine mammal prod5 ucts so seized shall be held by any person authorized by the

4

6 Secretary pending disposition of such proceedings. The owner

7

or consignee of any such marine mammal or marine mammal 8 product so seized shall, as soon as practicable following such 9 seizure, be notified of that fact in accordance with regulations 10 established by the Secretary.

11 (2) The Secretary may, with respect to any proceeding 12 under section 104 (a) or (b), in lieu of holding any marine 13 mammal or marine mammal product, permit the person con14 cerned to post bond or other surety satisfactory to the Sec15 retary pending the disposition of such proceeding.

16 (3) (A) Upon the assessment of an penalty pursuant to 17 section 104 (a), all marine mammals and marine mammal 18 products seized in connection therewith may be proceeded against in any court of competent jurisdiction and forfeited 20 to the Secretary for disposition by him in such manner as he

19

21 deems appropriate.

(B) Upon conviction for violation of section 104 (b),

23 all marine mammals and marine mammal products seized in 24 connection therewith shall be forfeited to the Secretary for

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disposition by him in such manner as he deems appropriate.