106 STAT. 4314 PUBLIC LAW 102-567—OCT. 29, 1992

(6) to forcibly assault, resist, oppose, impede, intimidate,
or interfere with any enforcement officer in the conduct of
any search or inspection described in paragraph (5);

(7) to resist a lawful arrest or detection for any act prohib-
ited by this section;

(8) to interfere with, delay, or prevent, by any means,
the apprehension, arrest, or detection of another person, know-
ing that such person has committed any act prohibited by
this section; or

(9) to violate any provision of the Convention, this title,
or any regulation issued under this title.

16 USC 5010. SEC. 811. PENALTIES.

(a) CIVIL PENALTIES.—(1) Any person who is found by the
Secretary of Commerce, after notice and opportunity for a hearing
in accordance with section 554 of title 5, United States Code,
to have committed an act prohibited by section 810 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. Each day
of a continuing violation shall constitute a separate offense. The
amount of such civil penalty shall be assessed by the Secretary
of Commerce, or the Secretary's designee, by written notice. In
determining the amount of such penalty, the Secretary of Commerce
shall take into account the nature, circumstances, extent, and grav-
ity of the prohibited acts committed and, with respect to the viola-
tion, the degree of culpability, any history of prior offenses, ability
to pay, and such other matters as justice may require.

(2) Any person against whom a civil penalty is assessed under
paragraph (1) may obtain review thereof in the appropriate court
of the United States by filing a complaint in sucn court within
30 days from the date of such order and by simultaneously serving
a copy of such complaint by certified mail on the Secretary of
Commerce, the Attorney General, and the appropriate United States
Attorney. The Secretary of Commerce shall promptly file in such
court a certified copy of the record upon which such violation
was found or such penalty imposed, as provided in section 2112
of title 28, United States Code. The findings and order of the
Secretary of Commerce 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, United States Code.

(3) If any person 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 Sec-
retary of Commerce, 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.

(4) A fishing vessel (including its fishing gear, furniture, appur-
tenances, stores, and cargo) used in the commission of an act
prohibited by section 810 shall be liable in rem for any civil penalty
assessed for such violation under paragraph (1) and may be pro-
ceeded 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.