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NOTES:


Source

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 517; Pub. L. 98–498, title II, § 211(c), Oct. 19, 1984, 98 Stat. 2304; Pub. L. 99–307, § 1(6), May 19, 1986, 100 Stat. 445; Pub. L. 101–380, title IV, § 4302(b), Aug. 18, 1990, 104 Stat. 538; Pub. L. 104–324, title III, § 310, title VII, § 713, Oct. 19, 1996, 110 Stat. 3919, 3936; Pub. L. 109–304, § 15(13), Oct. 6, 2006, 120 Stat. 1703.)

Historical and Revision Notes
Revised section Source section (U.S. Code)
3318 46:369(e)
46:390d
46:398
46:403
46:407
46:408
46:410
46:413
46:436
46:481(d)
46:1295f(d)(2), (3)

Section 3318 provides for a number of specific civil and criminal penalties.

Amendments

2006—Subsec. (f). Pub. L. 109–304 struck out period after “felony”.
1996—Subsec. (a). Pub. L. 104–324, § 713(1), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “100 gross tons”.
Subsec. (b)(1). Pub. L. 104–324, § 310, designated existing provisions as par. (1) and added par. (2).
Subsec. (j)(1). Pub. L. 104–324, § 713(2), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “1,600 gross tons”.
1990—Subsec. (b). Pub. L. 101–380, § 4302(b)(1), substituted “commits a class D felony” for “shall be fined not more than $10,000, imprisoned for not more than 5 years, or both”.
Subsec. (c). Pub. L. 101–380, § 4302(b)(2), substituted “commits a class D felony” for “shall be fined not more than $5,000, imprisoned for not more than 5 years, or both”.
Subsec. (d). Pub. L. 101–380, § 4302(b)(3), substituted “commits a class D felony” for “shall be fined not more than $5,000, imprisoned for not more than 5 years, or both”.
Subsec. (e). Pub. L. 101–380, § 4302(b)(4), substituted “commits a class A misdemeanor” for “shall be fined not more than $10,000, imprisoned for not more than 2 years, or both”.
Subsec. (f). Pub. L. 101–380, § 4302(b)(5), substituted “commits a class D felony.” for “shall be fined not less than $1,000 but not more than $10,000, and imprisoned for not less than 2 years but not more than 5 years,”.
1986—Subsec. (f). Pub. L. 99–307 in provision preceding par. (1) substituted “than” for “then” in two places.
1984—Subsec. (a). Pub. L. 98–498, § 211(c)(1), substituted “Except as otherwise provided in this part, the” for “The” and “not more than $5,000” for “$1,000, except that when the violation involves operation of a barge, the penalty is $500”.
Subsec. (c). Pub. L. 98–498, § 211(c)(2), substituted “$5,000” for “$2,000”.
Subsec. (d). Pub. L. 98–498, § 211(c)(3), substituted “$5,000” for “$2,000”.
Subsec. (e). Pub. L. 98–498, § 211(c)(4), substituted “$10,000” for “$2,000”.
Subsec. (f). Pub. L. 98–498, § 211(c)(5), substituted “$10,000” for “$5,000”.
Subsec. (g). Pub. L. 98–498, § 211(c)(6), substituted “is liable to the Government for a civil penalty of not more than $5,000” for “shall be fined not more than $10,000, imprisoned for not more than one year, or both”.
Subsec. (h). Pub. L. 98–498, § 211(c)(7), substituted “Government for a civil penalty of not more than $1,000.” for “United States Government for a civil penalty of not more than $500.”
Subsecs. (i) to (l). Pub. L. 98–498, § 211(c)(8), added subsecs. (i) to (l).

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.


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