16-U.S.C.-1376

16-U.S.C.-1376

§1376 – Seizure and Forfeiture of Cargo

Pathway

Title 16 > Chapter 31 > Subchapter II > Section 1376

Details

  • Reference: Section 1376
  • Legend: §1376 – Seizure and Forfeiture of Cargo
  • USCode Year: 2013

Provision Content

(a) Application of consistent provisions

Any vessel or other conveyance subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall have its entire cargo or the monetary value thereof subject to seizure and forfeiture. All provisions of law relating to the seizure, judicial forfeiture, and condemnation of cargo for violation of the customs laws, the disposition of such cargo, and the proceeds from the sale thereof, and the remission or mitigation of any such forfeiture, shall apply with respect to the cargo of any vessel or other conveyance seized in connection with the unlawful taking of a marine mammal insofar as such provisions of law are applicable and not inconsistent with the provisions of this subchapter.

(b) Penalties

Any vessel subject to the jurisdiction of the United States that is employed in any manner in the unlawful taking of any marine mammal shall be liable for a civil penalty of not more than $25,000. Such penalty shall be assessed by the district court of the United States having jurisdiction over the vessel. Clearance of a vessel against which a penalty has been assessed, from a port of the United States, may be withheld until such penalty is paid, or until a bond or otherwise satisfactory surety is posted. Such penalty shall constitute a maritime lien on such vessel which may be recovered by action in rem in the district court of the United States having jurisdiction over the vessel.

(c) Reward for information leading to conviction

Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the fine incurred but not to exceed $2,500 to any person who furnishes information which leads to a conviction for a violation of this subchapter. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall not be eligible for payment under this section.

(Pub. L. 92–522, title I, §106, Oct. 21, 1972, 86 Stat. 1036.)

U.S. Encyclopedia of Law Coverage

Subchapter II – Conservation and Protection of Marine Mammals in the Legal Encyclopedia: Conservation

In this entry about Subchapter II – Conservation and Protection of Marine Mammals, find legal reference material, bibliographies and premiere content related to conservation in the American Encyclopedia of Law, presenting a comprehensive view of the United States conservation-specific issues, written by authorities in the field.

16-U.S.C.-1362 in the Legal Encyclopedia: Marine Mammal

In this entry about 16-U.S.C.-1362, find legal reference material, bibliographies and premiere content related to marine mammal in the American Encyclopedia of Law, presenting a comprehensive view of the United States marine mammal-specific issues, written by authorities in the field.

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