---
kind: "section"
citation: "16 U.S.C. § 5507"
title: "16"
title_heading: "Conservation"
number: "5507"
heading: "Civil penalties and permit sanctions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/5507"
units:
  - "Chapter 75 — High Seas Fishing Compliance"
---

# §5507. Civil penalties and permit sanctions

- (a) **Civil penalties—**
  - (1) Any [person](/usc/16/5502.md?p=7) who is found by the [Secretary](/usc/16/5502.md?p=8), after notice and opportunity for a hearing in accordance with [section 554 of title 5](/usc/5/554.md), to have committed an act prohibited by [section 5505 of this title](/usc/16/5505.md) 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](/usc/16/620e.md?p=11). Each day of a continuing [violation](/usc/16/620e.md?p=11) shall constitute a separate offense. The amount of such civil penalty shall be assessed by the [Secretary](/usc/16/5502.md?p=8) by written notice. In determining the amount of such penalty, the [Secretary](/usc/16/5502.md?p=8) shall [take](/usc/16/3102.md?p=18) into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the [violation](/usc/16/620e.md?p=11), the degree of culpability, any history of prior offenses, and such other matters as justice may require.
  - (2) The [Secretary](/usc/16/5502.md?p=8) may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section.
- (b) **Permit sanctions—**
  - (1) In any case in which—
    - (A) a [vessel of the United States](/usc/16/5502.md?p=9) has been used in the [commission](/usc/16/544.md?p=c) of an act prohibited under [section 5505 of this title](/usc/16/5505.md);
    - (B) the [owner](/usc/16/429b–3.md?p=4) or operator of a vessel or any other [person](/usc/16/5502.md?p=7) who has been issued or has applied for a permit under [section 5503 of this title](/usc/16/5503.md) has acted in [violation](/usc/16/620e.md?p=11) of [section 5505 of this title](/usc/16/5505.md); or
    - (C) any amount in settlement of a civil forfeiture imposed on a [high seas fishing vessel](/usc/16/5502.md?p=4) or other property, or any civil penalty or criminal fine imposed on a [high seas fishing vessel](/usc/16/5502.md?p=4) or on an [owner](/usc/16/429b–3.md?p=4) or operator of such a vessel or on any other [person](/usc/16/5502.md?p=7) who has been issued or has applied for a permit under any fishery resource statute enforced by the [Secretary](/usc/16/5502.md?p=8), has not been paid and is overdue, the [Secretary](/usc/16/5502.md?p=8) may—
      - (i) revoke any permit issued to or applied for by such vessel or [person](/usc/16/5502.md?p=7) under this chapter, with or without prejudice to the issuance of subsequent permits;
      - (ii) suspend such permit for a period of time considered by the [Secretary](/usc/16/5502.md?p=8) to be appropriate;
      - (iii) deny such permit; or
      - (iv) impose additional conditions and restrictions on such permit.
  - (2) In imposing a sanction under this subsection, the [Secretary](/usc/16/5502.md?p=8) shall [take](/usc/16/3102.md?p=18) into account—
    - (A) the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and
    - (B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require.
  - (3) Transfer of ownership of a [high seas fishing vessel](/usc/16/5502.md?p=4), by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, by sale or otherwise, the [owner](/usc/16/429b–3.md?p=4) shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the vessel at the time of the transfer. The [Secretary](/usc/16/5502.md?p=8) may waive or compromise a sanction in the case of a transfer pursuant to court order.
  - (4) In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty or criminal fine, the [Secretary](/usc/16/5502.md?p=8) shall reinstate the permit upon payment of the penalty or fine and interest thereon at the prevailing rate.
  - (5) No sanctions shall be imposed under this subsection unless there has been prior opportunity for a hearing on the facts underlying the [violation](/usc/16/620e.md?p=11) for which the sanction is imposed, either in conjunction with a civil penalty proceeding under this section or otherwise.
- (c) **Hearing—** For the purposes of conducting any hearing under this section, the [Secretary](/usc/16/5502.md?p=8) may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a subpoena served upon any [person](/usc/16/5502.md?p=7) pursuant to this subsection, the district court of the United States for any district in which such [person](/usc/16/5502.md?p=7) is found, resides, or transacts business, upon application by the United States and after notice to such [person](/usc/16/5502.md?p=7), shall have jurisdiction to issue an order requiring such [person](/usc/16/5502.md?p=7) to appear and give testimony before the [Secretary](/usc/16/5502.md?p=8) or to appear and produce documents before the [Secretary](/usc/16/5502.md?p=8), or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
- (d) **Judicial review—** Any [person](/usc/16/5502.md?p=7) against whom a civil penalty is assessed under [subsection (a)](#a) or against whose vessel a permit sanction is imposed under [subsection (b)](#b) (other than a permit suspension for nonpayment of penalty or fine) may obtain review thereof in the United States district court for the appropriate district by filing a complaint against the [Secretary](/usc/16/5502.md?p=8) in such court within 30 days from the date of such penalty or sanction. The [Secretary](/usc/16/5502.md?p=8) shall promptly file in such court a certified copy of the record upon which such penalty or sanction was imposed, as provided in [section 2112 of title 28](/usc/28/2112.md). The findings and order of the [Secretary](/usc/16/5502.md?p=8) shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in [section 706(2) of title 5](/usc/5/706.md?p=2).
- (e) **Collection—**
  - (1) If any [person](/usc/16/5502.md?p=7) fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the [Secretary](/usc/16/5502.md?p=8), the matter shall be referred to the Attorney General, who shall recover the amount assessed in any appropriate district court of the United States. In such action the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.
  - (2) A [high seas fishing vessel](/usc/16/5502.md?p=4) (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the [commission](/usc/16/544.md?p=c) of an act prohibited by [section 5505 of this title](/usc/16/5505.md) shall be liable in rem for any civil penalty assessed for such [violation](/usc/16/620e.md?p=11) under [subsection (a)](#a) and may be proceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel that may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.

## Source credit

(Pub. L. 104–43, title I, § 108, Nov. 3, 1995, 109 Stat. 373.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 120 days after Nov. 3, 1995, see section 111 of Pub. L. 104–43, set out as a note under section 5501 of this title.