Whoever operates a vessel in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule
1 is liable to a civil penalty of not more than $5,000 for each violation.
(b) Liability of vessel for civil penalty; seizure of vessel
Every vessel subject to this chapter, other than a public vessel being used for noncommercial purposes, that is operated in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule
1 is liable to a civil penalty of not more than $5,000 for each violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which the vessel may be found.
(c) Assessment of civil penalty by Secretary; collection
The Secretary may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate.
(d) Withholding of clearance
(1)If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section
60105 of title
(2)Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.
1, referred to in pars. (a) and (b), was classified to section
2001 of this title, prior to repeal by Pub. L. 108–293, title III, § 303(a), (c),Aug. 9, 2004, 118 Stat. 1042, effective May 17, 2010.
In subsec. (d)(1), “section
60105 of title
46” substituted for “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)” on authority of Pub. L. 109–304, § 18(c),Oct. 6, 2006, 120 Stat. 1709, which Act enacted section
60105 of Title
1996—Par. (d). Pub. L. 104–324inserted heading and amended text generally. Prior to amendment, text read as follows: “The Secretary of the Treasury shall withhold or revoke, at the request of the Secretary, the clearance, required by section
91 of title
46, Appendix, of any vessel, the owner or operator of which is subject to any of the penalties in this section. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary.”
Section effective 12 months after Dec. 24, 1981, see section 7 ofPub. L. 96–591, set out as an Effective Date of 1980 Amendment note under section
1604 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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