Page:United States Statutes at Large Volume 106 Part 6.djvu/545

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PUBLIC LAW 102-587—NOV. 4, 1992 106 STAT. 5103 to produce such available records and files or duly certified copies thereof as may be necessary, for the prosecution by that Party of any violation of the provisions of the Convention or any law of that Party relating to the enforcement thereof. SEC. 8010. UNLAWFUL ACnvmES. 16 USC 5009. It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States— (1) to fish for any anadromous fish in the Convention area; (2) to retain on board any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area; (3) to fail to return immediately to the sea any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area; (4) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any anadromous fish taken or retained in violation of the Convention, this title, or any regulation issued under this title; (5) to refuse to permit any enforcement officer to board a fishing vessel subject to such person's control for purchases of conducting any search or inspection in connection with the enforcement of the Convention, this title, or any regulation issued under this title; (6) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any enforcement officer in the conduct of any search or inspection described in paragraph (5); (7) to resist a lawful arrest or detection for any act prohibited by this section; (8) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this section; or (9) to violate any provision of the Convention, this title, or any regulation issued under this title. \ SEC. 8011. PENALTIES. ^ ^' le use soio. (a) CIVIL PENALTIES. — (1) Any person who is found by the Secretary of Commerce, after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 8010 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary of Commerce, or the Secretary's designee, by written notice. In determining the amount of such penalty, the Secretary of Commerce shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violation, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. (2) Any person against whom a civil penalty is assessed under paragraph (1) may obtain review thereof in the appropriate court of the United States by filing a complaint in such court within thirty days from the date of such order and by simultaneously serving a copy of such complaint by certified mail on the Secretary of Commerce, the Attorney General, and the appropriate United 59-194 O—93 18:QL3(Pt. 6)