(Pub. L. 92–532, title III, § 307, as added Pub. L. 98–498, title I, § 102,Oct. 19, 1984, 98 Stat. 2302; amended Pub. L. 100–627, title II, § 207,Nov. 7, 1988, 102 Stat. 3219; Pub. L. 102–587, title II, § 2107(a)–(c), (e), Nov. 4, 1992, 106 Stat. 5043, 5044; Pub. L. 104–283, § 9(c),Oct. 11, 1996, 110 Stat. 3367; Pub. L. 106–513, § 8,Nov. 13, 2000, 114 Stat. 2387.)
References in Text
Presidential Proclamation 5928 of December 27, 1988, referred to in subsec. (k), is set out as a note under section
, Public Lands.
2000—Subsec. (b)(6). Pub. L. 106–513
, § 8(a), added par. (6).
Subsecs. (c) to (f). Pub. L. 106–513
, § 8(b), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 106–513
, § 8(b), (c), redesignatedsubsec. (f) as (g) and inserted “electronic files,” after “books,”. Former subsec. (g) redesignated (h).
Subsecs. (h) to (k). Pub. L. 106–513
, § 8(b), redesignatedsubsecs. (g) to (j) as (h) to (k), respectively.
Subsec. (l). Pub. L. 106–513
, § 8(c), added subsec. (l).
1996—Subsec. (e)(1)(A). Pub. L. 104–283
made technical amendment to reference in original act which appears in text as reference to section
1992—Subsec. (c)(1). Pub. L. 102–587
, § 2107(a)(1), substituted “$100,000” for “$50,000”.
Subsec. (c)(3). Pub. L. 102–587
, § 2107(a)(2), struck out “and may be proceeded against in any district court of the United States having jurisdiction” after “assessed for such violation” and inserted at end “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.”
Subsec. (d)(1). Pub. L. 102–587
, § 2107(b), inserted at end “The proceeds from forfeiture actions under this subsection shall constitute a separate recovery in addition to any amounts recovered as civil penalties under this section or as civil damages under section
of this title. None of those proceeds shall be subject to set-off.”
Subsec. (e)(1). Pub. L. 102–587
, § 2107(c), added par. (1) and struck out former par. (1) which read as follows: “In general.—Notwithstanding any other law, the Secretary may use amounts received under this section in the form of civil penalties, forfeitures of property, and costs imposed under paragraph (2) to pay—
“(A) the reasonable and necessary costs incurred by the Secretary in providing temporary storage, care, and maintenance of any sanctuary resource or other property seized under this section pending disposition of any civil proceeding relating to any alleged violation with respect to which such property or sanctuary resource was seized; and
“(B) a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this chapter or of any regulation or permit issued under this chapter.”
Subsec. (j). Pub. L. 102–587
, § 2107(e), added subsec. (j).
1988—Pub. L. 100–627
amended section generally, substituting provisions consisting of subsecs. (a) to (i) relating to enforcement activities in general, powers of authorized officers, civil penalties, forfeiture, payment of storage, care, and other costs, subpoenas, use of resources of State and other Federal agencies, Coast Guard authority, and injunctive relief for former provisions consisting of subsecs. (a) to (c) relating to enforcement activities in general, civil penalties, and jurisdiction.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections
, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
Study of Joint Enforcement of Marine Sanctuary Regulations
Pub. L. 102–241
, § 51,Dec. 19, 1991, 105 Stat. 2227
, directed Secretary of Transportation and Secretary of Commerce, not later than one year after Dec. 19, 1991, to submit to Congress a joint report describing methods by which Coast Guard enforcement efforts under the Marine Protection, Research, and Sanctuaries Act of 1972 (16
et seq., 1447
et seq., 33
U.S.C. 1401 et seq., 2801 et seq.) could be enhanced and coordinated with those of the National Oceanic and Atmospheric Administration.