# § 7407. Enforcement
**(a)** **Existing authorities and responsibilities**
**(1)** **Authorities and responsibilities** section 1861 of this titlesection 1858 of this titlesection 2439(b) of this title
The authorities and responsibilities under subsections (a), (b), and (c) of and subsection (f) of and paragraphs (2), (3), and (7) of shall apply with respect to enforcement of this chapter.
**(2)** **Included vessels** section 7402(8) of this title
For purposes of enforcing this chapter, any reference in such paragraphs and subsections to a “vessel” or “fishing vessel” includes all vessels as defined in .
**(3)** **Application of other provisions** Such paragraphs and subsections apply to violations of this chapter and any regulations promulgated under this chapter.
**(b)** **Civil enforcement**
**(1)** **Civil administrative penalties**
**(A)** **In general** section 554 of title 5section 7406 of this titlesection 1858(a) of this title
Any person who is found by the Secretary (after notice and opportunity for a hearing in accordance with ) to have committed an act prohibited under shall be liable to the United States for a civil penalty. The amount of the civil penalty shall be consistent with the amount under .
**1** **Compromise or other action by secretary** section 1858(e) of this title[^1]
The Secretary shall have the same authority as provided in with respect to a violation of this chapter.
See References in Text note below.
**(2)** **In rem jurisdiction** section 1858(d) of this title
For purposes of this chapter, the conditions for in rem liability shall be consistent with .
**(3)** **Action upon failure to pay assessment** If any person fails to pay an assessment of a civil penalty under this chapter after it has 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.
**(c)** **Forfeiture**
**2** **In general** [^2]section 7406 of this titlesection 1860 of this title
Any foreign vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish (or the fair market value thereof) imported or possessed in connection with or as result of the commission of any act prohibited by shall be subject to forfeiture under .
So in original. The word “a” probably should appear.
**(2)** **Application of the customs laws** All provisions of law relating to seizure, summary judgment, and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as applicable and not inconsistent with the provisions hereof. For seizures and forfeitures of property under this section by the Secretary, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary or, upon request of the Secretary, by any other agency that has authority to manage and dispose of seized property.
**(3)** **Presumption** <sup>1</sup>
For the purposes of this section there is a rebuttable presumption that all fish, or components thereof, found on board a vessel that is used or seized in connection with a violation of this chapter (including any regulation promulgated under this chapter ) were taken, obtained, or retained as a result of IUU fishing or fishing-related activities in support of IUU fishing.
**(d)** **Criminal enforcement** section 7406 of this titlesection 1859 of this title
Any person (other than a foreign government agency, or entity wholly owned by a foreign government) who knowingly commits an act prohibited by shall be subject to subsections (b) and (c) of .
**(e)** **Payment of storage, care, and other costs** Any person assessed a civil penalty for, or convicted of, any violation of this chapter (including any regulation promulgated under this chapter) 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 of any property seized in connection with the violation.
---
**Source Credit**: (Pub. L. 114–81, title III, § 308, Nov. 5, 2015, 129 Stat. 668.)
## Editorial Notes
### References in Text
This chapter, referred to in subsec. (b)(1)(B) and the second place appearing in subsec. (c)(3), was in the original “this Act” and was translated as meaning “this title” to reflect the probable intent of Congress.