---
kind: "section"
citation: "16 U.S.C. § 973f"
title: "16"
title_heading: "Conservation"
number: "973f"
heading: "Civil penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/973f"
units:
  - "Chapter 16C — South Pacific Tuna Fishing"
---

# §973f. Civil penalties

- (a) **Determination of liability; amount; participation by Secretary of State in assessment proceeding—** Any [person](/usc/16/973.md?p=12) who is found by the [Secretary](/usc/16/973.md?p=14), after notice and an opportunity for a hearing in accordance with [section 554 of title 5](/usc/5/554.md), to have committed an act prohibited by [section 973c of this title](/usc/16/973c.md), shall be liable to the United States for a civil penalty. Before issuing a notice of [violation](/usc/16/620e.md?p=11), the [Secretary](/usc/16/973.md?p=14) shall consult with the Secretary of State. The amount of the civil penalty shall be determined in accordance with considerations set forth in the [Treaty](/usc/16/973.md?p=16) and 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 violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. The amount of the civil penalty shall not exceed $250,000 for each [violation](/usc/16/620e.md?p=11). Upon written notice, the Secretary of State shall have the right to participate in any proceeding initiated to assess a civil penalty for [violation](/usc/16/620e.md?p=11) of this chapter.
- (b) **Judicial review of assessment; procedures applicable—** Any [person](/usc/16/973.md?p=12) against whom a civil penalty is assessed under [subsection (a)](#a) of this section may obtain review thereof in the United States district court for the appropriate district by filing a complaint in such court within 30 days from the date of the order and by simultaneously serving a copy of the complaint by certified mail on the [Secretary](/usc/16/973.md?p=14), the Attorney General of the United States, and the appropriate United States Attorney. The [Secretary](/usc/16/973.md?p=14) shall promptly file in the court a certified copy of the record upon which the [violation](/usc/16/620e.md?p=11) was found or the penalty imposed. The findings and order of the [Secretary](/usc/16/973.md?p=14) shall be set aside or modified by the 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).
- (c) **Failure to pay assessment of civil penalty; recovery by Attorney General—** Except as provided in [subsection (g)](#g) of this section, if any [person](/usc/16/973.md?p=12) 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/16/973.md?p=14), the [Secretary](/usc/16/973.md?p=14) shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States.
- (d) **In rem liability for civil penalty; jurisdiction; maritime lien on vessel—** Except as provided in [subsection (g)](#g) of this section, a [fishing vessel](/usc/16/973.md?p=7) (including its [fishing](/usc/16/973.md?p=6) gear, furniture, appurtenances, stores, and cargo) used in the [commission](/usc/16/544.md?p=c) of an act prohibited by [section 973c of this title](/usc/16/973c.md) shall be liable in rem for any civil penalty assessed for the [violation](/usc/16/620e.md?p=11) under this section and may be proceeded against in any district court of the United States having jurisdiction thereof. The penalty shall constitute a maritime lien on the [vessel](/usc/16/973.md?p=7) which may be recovered in an action in rem in the district court of the United States having jurisdiction over the [vessel](/usc/16/973.md?p=7).
- (e) **Compromise, etc., of civil penalty—** The [Secretary](/usc/16/973.md?p=14), after consultation with the Secretary of State, may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section.
- (f) **Conduct of hearings—** For the purposes of conducting any hearing under this section, the [Secretary](/usc/16/973.md?p=14) 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 a [person](/usc/16/973.md?p=12) pursuant to this subsection, the district court of the United States for any district in which the [person](/usc/16/973.md?p=12) is found, resides, or transacts business, upon application by the United States and after notice to the [person](/usc/16/973.md?p=12), shall have jurisdiction to issue an order requiring the [person](/usc/16/973.md?p=12) to appear and give testimony before the [Secretary](/usc/16/973.md?p=14) or to appear and produce documents before the [Secretary](/usc/16/973.md?p=14), or both, and any failure to obey the order of the court may be punished by the court as a contempt thereof.
- (g) **Waiver of referral to Attorney General—** If a [vessel](/usc/16/973.md?p=7) used in a [violation](/usc/16/620e.md?p=11) of paragraph [(1)](/usc/16/973c.md?p=a-1), [(2)](/usc/16/973c.md?p=a-2), [(3)](/usc/16/973c.md?p=a-3), [(4)](/usc/16/973c.md?p=a-4), [(5)](/usc/16/973c.md?p=a-5), [(6)](/usc/16/973c.md?p=a-6), [(7)](/usc/16/973c.md?p=a-7), [(11)](/usc/16/973c.md?p=a-11), [(12)](/usc/16/973c.md?p=a-12), or [(13)](/usc/16/973c.md?p=a-13) of section 973c(a) or [section 973c(b) of this title](/usc/16/973c.md?p=b) for which a civil penalty has been assessed—
  - (1) had a valid license under the [Treaty](/usc/16/973.md?p=16) at the time of the [violation](/usc/16/620e.md?p=11), and
  - (2) within 60 days after the penalty assessment has become final, leaves and remains outside of the [Licensing Area](/usc/16/973.md?p=8) and all [Closed Areas](/usc/16/973.md?p=5) until the final penalty has been paid,

  there shall be no referral to the Attorney General under [subsection (c)](#c) of this section or in rem action under [subsection (d)](#d) of this section in connection with such civil penalty.


## Source credit

(Pub. L. 100–330, § 8, June 7, 1988, 102 Stat. 594; Pub. L. 100–350, § 4(1), (2), June 27, 1988, 102 Stat. 660; Pub. L. 119–60, div. H, title LXXXIV, § 8416, Dec. 18, 2025, 139 Stat. 1915.)

## Notes

### Editorial Notes

### Amendments

2025—Subsec. (a). Pub. L. 119–60, § 8416(a), struck out “Code” after “liable to the United States” in first sentence and substituted “The amount” for “Except for those acts prohibited by section 973c(a)(4), (5), (7), (8), (10), (11), and (12), and section 973c(b)(1), (2), (3), and (7) of this title, the amount” in fourth sentence.

Subsec. (g). Pub. L. 119–60, § 8416(b)(1), substituted “paragraph (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 973c(a)” for “section 973c(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (13)” in introductory provisions.

Subsec. (g)(2). Pub. L. 119–60, § 8416(b)(2), struck out “, all Limited Areas closed to fishing,” after “outside of the Licensing Area”.

1988—Subsec. (a). Pub. L. 100–350, § 4(1), substituted “and gravity” for “any gravity” and “history of prior” for “history or prior”.

Subsec. (g)(1). Pub. L. 100–350, § 4(2), substituted “Treaty” for “Treasury”.