--- kind: "section" citation: "16 U.S.C. § 4016" title: "16" title_heading: "Conservation" number: "4016" heading: "Enforcement" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/4016" units: - "Chapter 60 — Fish and Seafood Promotion" --- # §4016. Enforcement - (a) **Authority—** - (1) The district courts of the [United States](/usc/16/4003.md?p=17) shall have jurisdiction specifically to enforce and to prevent and restrain any [person](/usc/16/4003.md?p=11) from violating any assessment, order or regulation made or issued under this chapter. - (2) - (A) If a [council](/usc/16/4003.md?p=2) has reason to believe that a [person](/usc/16/4003.md?p=11) subject to an assessment, order or regulation made or issued under this chapter is violating such assessment, order or regulation, it may refer the matter to the [Secretary](/usc/16/4003.md?p=16). - (B) Except as provided in subparagraphs (C) or (D) of this paragraph, any civil action authorized to be brought under this subsection, when referred by a [council](/usc/16/4003.md?p=2) under subparagraph (A) of this paragraph, shall be referred to the Attorney General for appropriate action. - (C) If the [Secretary](/usc/16/4003.md?p=16) believes that the administration and enforcement of the provisions of this chapter would be adequately served by [taking](/usc/16/3102.md?p=18) administrative action under [subsection (b)](#b) of this section or by providing written notice or warning to any [person](/usc/16/4003.md?p=11) committing a [violation](/usc/16/620e.md?p=11) of this chapter, the [Secretary](/usc/16/4003.md?p=16) is not required to refer such [violation](/usc/16/620e.md?p=11) to the Attorney General. - (D) Whenever a matter has been referred by a [council](/usc/16/4003.md?p=2) under subparagraph (A) of this paragraph and the [Secretary](/usc/16/4003.md?p=16) or the Attorney General fails within 60 days of such referral to [take](/usc/16/3102.md?p=18) appropriate action, the [council](/usc/16/4003.md?p=2) may, upon filing notice with the [Secretary](/usc/16/4003.md?p=16) or Attorney General, as appropriate, and other interested parties, bring an action in its own name. - (b) **Recovery of costs—** - (1) - (A) When a [council](/usc/16/4003.md?p=2) brings an action under [subsection (a)(2)](#a-2) of this section, the [council](/usc/16/4003.md?p=2) may recover costs of litigation and, where the action is brought to collect an unpaid assessment, interest from the date the amount became due and payable. - (B) Any [person](/usc/16/4003.md?p=11) who violates any provision of an order (including a cease and desist order previously issued under this paragraph) or regulation issued by the [Secretary](/usc/16/4003.md?p=16) under this chapter, or who fails or refuses to pay, collect, or remit any assessment required under this chapter, may be assessed a civil penalty by the [Secretary](/usc/16/4003.md?p=16) of not less than $500 nor more than $5,000 for each such [violation](/usc/16/620e.md?p=11). Each [violation](/usc/16/620e.md?p=11) shall be a separate offense. In [addition](/usc/16/410r–5.md?p=c-2) to, or in lieu of, a civil penalty under this subparagraph, the [Secretary](/usc/16/4003.md?p=16) may issue an order requiring such [person](/usc/16/4003.md?p=11) to cease and desist from continuing such [violation](/usc/16/620e.md?p=11). - (C) No penalty shall be assessed, or cease and desist order issued, under this paragraph unless the affected [person](/usc/16/4003.md?p=11) is given notice and opportunity for a hearing before the [Secretary](/usc/16/4003.md?p=16) with respect to such [violation](/usc/16/620e.md?p=11). - (D) Any order of the [Secretary](/usc/16/4003.md?p=16) under this paragraph assessing a penalty or imposing a cease and desist order shall be final and conclusive, unless the affected [person](/usc/16/4003.md?p=11) files an appeal from the [Secretary](/usc/16/4003.md?p=16)’s order with the appropriate [United States](/usc/16/4003.md?p=17) court of appeals. - (2) - (A) Any [person](/usc/16/4003.md?p=11) against whom a [violation](/usc/16/620e.md?p=11) is found under paragraph (1) of this subsection may obtain review of such action in the [United States](/usc/16/4003.md?p=17) court of appeals for the circuit in which such [person](/usc/16/4003.md?p=11) resides or has his place of business, or in the [United States](/usc/16/4003.md?p=17) Court of Appeals for the District of Columbia Circuit, by filing a notice of appeal in such court within thirty days after the date of such order and by simultaneously sending a copy of such notice by certified mail to the [Secretary](/usc/16/4003.md?p=16). - (B) The [Secretary](/usc/16/4003.md?p=16) shall promptly file in the court a certified copy of the record upon which such [violation](/usc/16/620e.md?p=11) was found. - (C) The findings of the [Secretary](/usc/16/4003.md?p=16) shall be set aside only if found to be unsupported by substantial evidence or not in accordance with law. - (3) - (A) If any [person](/usc/16/4003.md?p=11) fails to pay a civil penalty under this subsection after it has become final, the [Secretary](/usc/16/4003.md?p=16) shall refer the matter to the Attorney General. - (B) The Attorney General shall institute appropriate action to recover the amount assessed under this subsection in a district court of the [United States](/usc/16/4003.md?p=17). - (C) If, within sixty days after such referral, the Attorney General fails to institute such appropriate action, the [council](/usc/16/4003.md?p=2) to whose programs the assessment, order or regulation relates may institute an action in its own name. ## Source credit (Pub. L. 99–659, title II, § 217, Nov. 14, 1986, 100 Stat. 3730.)