46 U.S.C. § 12151 — Penalties
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 432 words · no verdicts yet
Violating this chapter's rules generally risks a civil penalty of up to $15,000 per day, or more for offshore drilling violations. Vessels can be seized and forfeited for fraud, using an endorsement they shouldn't, or being commanded by a non-citizen. Lying to get a fishery endorsement adds a penalty of up to $100,000 per day of illegal fishing.
(a) In general. (1) Except as (2) provides, anyone who violates this chapter or a regulation prescribed under it owes the US government a civil penalty of up to $15,000. Each day a violation continues counts as a separate violation. (2) Anyone who violates section 12111(d), on mobile offshore drilling units, or its regulations, owes a civil penalty of $25,000, or twice the vessel's charter rate as the Secretary determines, whichever is greater. Each day of a continuing violation is also a separate violation here.
(b) Seizure and forfeiture of vessels. A vessel* and its equipment can be seized and forfeited to the government if (1) the owner, or the owner's representative or agent, knowingly falsifies or hides a material fact, or knowingly makes a false statement, about the vessel's documentation or a documentation application; (2) a certificate of documentation is knowingly and fraudulently used for the vessel; (3) the vessel operates after its endorsement was denied or revoked under section 12152; (4) the vessel works in a trade without the appropriate endorsement; (5) the vessel has only a recreational endorsement but is operated other than for pleasure; (6) the vessel is documented and is commanded by someone who is not a US citizen, except as section 12131(b) allows; or (7) the vessel is rebuilt outside the United States and a report of the rebuilding is not submitted as section 12139(b) requires.
(c) Engaging in fishing after falsifying eligibility. Beyond other penalties under this section, the owner of a documented vessel* with a fishery endorsement is liable to the government for a civil penalty of up to $100,000 for each day the vessel fishes within the exclusive economic zone*, if the owner, or the owner's representative or agent, knowingly falsified or hid a material fact, or knowingly made a false statement, about the vessel's eligibility under section 12113(c) or (d) when applying for or renewing the fishery endorsement.
Except as provided in paragraph (2), a person that violates this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $15,000. Each day of a continuing violation is a separate violation.
A person that violates section 12111(d) or a regulation prescribed under that section is liable to the United States Government for a civil penalty in an amount that is $25,000 or twice the charter rate of the vessel* involved in the violation (as determined by the Secretary), whichever is greater. Each day of a continuing violation is a separate violation.
A vessel and its equipment are liable to seizure by and forfeiture to the Government if—
the owner of the vessel or the representative or agent of the owner knowingly falsifies or conceals a material fact, or knowingly makes a false statement or representation, about the documentation of the vessel or in applying for documentation of the vessel;
a certificate of documentation is knowingly and fraudulently used for the vessel;
the vessel is operated after its endorsement has been denied or revoked under section 12152 of this title;
the vessel is employed in a trade without an appropriate endorsement;
the vessel has only a recreational endorsement and is operated other than for pleasure;
the vessel is a documented vessel* and is placed under the command of a person not a citizen of the United States, except as authorized by section 12131(b) of this title; or
the vessel is rebuilt outside the United States and a report of the rebuilding is not submitted as required by section 12139(b) of this title.
In addition to other penalties under this section, the owner of a documented vessel for which a fishery endorsement has been issued is liable to the Government for a civil penalty of not more than $100,000 for each day the vessel engages in fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the exclusive economic zone*, if the owner or the representative or agent of the owner knowingly falsified or concealed a material fact, or knowingly made a false statement or representation, about the eligibility of the vessel under section 12113(c) or (d) of this title in applying for or applying to renew the fishery endorsement.
Source credit: (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1508; Pub. L. 112–213, title III, § 309, Dec. 20, 2012, 126 Stat. 1566.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1508
- 2012Amended · Pub. L. 112-213 · 126 Stat. 1566
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
all 0 arguments · sorted by: best
no arguments yet — make the first case