ENFORCEMENT AMENDMENTS.

SEC. 207. ENFORCEMENT AMENDMENTS. Section 307 of the Act (16 U.S.C. 1437) is amended to read as follows: “SEC. 307. ENFORCEMENT. “(a) In General.— The Secretary shall conduct such enforcement activities as are necessary and reasonable to carry out this title. “(b) Powers of Authorized Officers.— Any person who is authorized to enforce this title may— “(1) board, search, inspect, and seize any vessel suspected of being used to violate this title or any regulation or permit issued under this title and any equipment, stores, and cargo of such vessel; “(2) seize wherever found any sanctuary resource taken or retained in violation of this title or any regulation or permit issued under this title; “(3) seize any evidence of a violation of this title or of any regulation or permit issued under this title; “(4) execute any warrant or other process issued by any court of competent jurisdiction; and “(5) exercise any other lawful authority. “(c) Civil Penalties.— “(1) Civil penalty.— Any person subject to the jurisdiction of the United States who violates this title or any regulation or permit issued under this title shall be liable to the United States for a civil penalty of not more than $50,000 for each such violation, to be assessed by the Secretary. Each day of a continuing violation shall constitute a separate violation. “(2) Notice.— No penalty shall be assessed under this subsection until after the person charged has been given notice and an opportunity for a hearing. “(3) In rem jurisdiction.— A vessel used in violating this title or any regulation or permit issued under this title shall be liable in rem for any civil penalty assessed for such violation and may be proceeded against in any district court of the United States having jurisdiction. “(4) Review of civil penalty.— Any person against whom a civil penalty is assessed under this subsection may obtain review in the United States district court for the appropriate district by filing a complaint in such court not later than 30 days after the date of such order. “(5) Collection of penalties.— If any person fails to pay an assessment of a civil penalty under this section after it has102 STAT. 3220 become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter 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. “(6) Compromise or other action by secretary.— The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is or may be imposed under this section. “(d) Forfeiture.— “(1) In general.— Any vessel (including the vessel’s equipment, stores, and cargo) and other item used, and any sanctuary resource taken or retained, in any manner, in connection with or as a result of any violation of this title or of any regulation or permit issued under this title shall be subject to forfeiture to the United States pursuant to a civil proceeding under this subsection. “(2) Application of the customs laws.— The Secretary may exercise the authority of any United States official granted by any relevant customs law relating to the seizure, forfeiture, condemnation, disposition, remission, and mitigation of property in enforcing this title. “(3) Disposal of sanctuary resources.— Any sanctuary resource seized pursuant to this title may be disposed of pursuant to an order of the appropriate court, or, if perishable, in a manner prescribed by regulations promulgated by the Secretary. Any proceeds from the sale of such sanctuary resource shall for all purposes represent the sanctuary resource so disposed of in any subsequent legal proceedings. “(4) Presumption.— For the purposes of this section there is a rebuttable presumption that all sanctuary resources found on board a vessel that is used or seized in connection with a violation of this title or of any regulation or permit issued under this title were taken or retained in violation of this title or of a regulation or permit issued under this title. “(e) Payment of Storage, Care, and Other Costs.— “(1) In general.— Notwithstanding any other law, the Secretary may use amounts received under this section in the form of civil penalties, forfeitures of property, and costs imposed under paragraph (2) to pay— “(A) the reasonable and necessary costs incurred by the Secretary in providing temporary storage, care, and maintenance of any sanctuary resource or other property seized under this section pending disposition of any civil proceeding relating to any alleged violation with respect to which such property or sanctuary resource was seized; and “(B) a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this title or of any regulation or permit issued under this title. “(2) Liability for costs.— Any person assessed a civil penalty for a violation of this title or of any regulation or permit issued under this title, and any claimant in a forfeiture action brought for such a violation, shall be liable for the reasonable costs incurred by the Secretary in storage, care, and maintenance of102 STAT. 3221 any sanctuary resource or other property seized in connection with the violation. “(f) Subpoenas.— In the case of any hearing under this section winch is determined on the record in accordance with the procedures provided for under section 554 of title 5, United States Code, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. “(g) Use or Resources or State and Other Federal Agencies.—The Secretary shall, whenever appropriate, use by agreement the personnel, services, and facilities of State and other Federal departments, agencies, and instrumentalities, on a reimbursable or nonreimbursable basis, to carry out the Secretary’s responsibilities under this section. “(h) Coast Guard Authority Not Limited.— Nothing in this section shall be considered to limit the authority of the Coast Guard to enforce this or any other Federal law under section 89 of title 14, United States Code. “(i) Injunctive Relief.— If the Secretary determines that there is an imminent risk of destruction or loss of or injury to a sanctuary resource, or that there has been actual destruction or loss of, or injury to, a sanctuary resource which may give rise to liability under section 312, the Attorney General, upon request of the Secretary, shall seek to obtain such relief as may be necessary to abate such risk or actual destruction, loss, or injury, or to restore or replace the sanctuary resource, or both. The district courts of the United States shall have jurisdiction in such a case to order such relief as the public interest and the equities of the case may require.”.